Supreme Court · 2023 INSC 743 · Decided 18 August 2023

Prakash (Dead) BY LR. v. G. Aradhya and ORS.

Court
Supreme Court of India
Citation
2023 INSC 743 · [2023] 12 S.C.R. 1034
Case number
CIVIL APPEAL No. 706/2015
Decided
18 August 2023
Bench
HIMA KOHLI, RAJESH BINDAL (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Transfer of Property Act Section 58(c)

Headnote

HEADNOTES Issue for consideration: Transaction between the parties whether an absolute sale of the property or a mortgage. Transfer of Property Act, 1882 - s.58(c) - Two documents executed on same day, Sale Deed and Reconveyance Deed/agreement of buy back deed, transaction if mortgage the property: Held: Proviso to sub-section (c) of s.58 provides that no transaction shall be deemed to be a mortgage, unless the condition is embodied in the document which eff ects or purports to eff ect the sale - In the present case, admittedly, there are two separate documents -

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