Supreme Court · 2016 INSC 1181 · Decided 2 May 2016
Patel Ravjibhai Bhulabhaj (D) THR. LRS. v. Rahemanbhai M .. Shaikh (D) THR. LRS. & ORS.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 1181 · [2016] 2 S.C.R. 1002
- Case number
- CIVIL APPEAL No. 4683/2016
- Decided
- 2 May 2016
- Bench
- RANJAN GOGOI, PRAFULLA C. PANT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 58(c); Limitation Act Section 60(a)
Headnote
Transfer. of Property Act, 1882 - ss.58(c), 60 .-.Ex.ecution of deed between parties -· lnterpretatiOn of - Mortgage by conditional sale or sale with optiolT to repurchase.- Held: There was a condition C in the deed that if pl'aintiffs-respondents make repayment of Rs. I 0, .of five years, defendants would handover the possession of proeprty in suit back to plaintiffs - Condition reflects that the actual transaciion between the parties was of a loan, and the relationship of debtor and creditor existed - Thus, the High Court rightly held that the deed is a mortgage
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