Supreme Court · 2010 INSC 870 · Decided 10 December 2010
Raj Kishore (Dead) BY LRS. v. Prem Singh & ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 870 · [2010] 14 S.C.R. 1019
- Case number
- CIVIL APPEAL No. 7471/2003
- Decided
- 10 December 2010
- Bench
- MARKANDEY KATJU, T.S. THAKUR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act; Specific Relief Act Section 16(c)
Headnote
Transfer of Property Act, 1882: A B s.58 - Mortgage by conditional sale - Held: For c transaction to constitute mortgage by conditional sale, it is necessary that the condition is embodied in the document that purports to effect the sale - Mortgage. s. 58(e) - Mortgage - Essential conditions for an English mortgage - Held: What D is important in terms of the requirement of s.58(e) is not that . the purchaser has agreed or bound him:;elf to transfer the property by a particular date but that the seller has bound himself to pay the amount by a certain date - In the instant case,
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)