Supreme Court · 2016 INSC 1085 · Decided 1 December 2016
Ramvilas (Dead) THR. LRS. & ANR. v. Karim Khan & ANR.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 1085 · [2016] 9 S.C.R. 742
- Case number
- CIVIL APPEAL No. 2078/2008
- Decided
- 1 December 2016
- Bench
- R.K. AGRAWAL, R. BANUMATHI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
742 A RAMVILAS (DEAD) THR. LRS. & ANR. .. v. KARIM KHAN & ANR. (Civil Appeal No. 2078 of2008) B DECEMBER 01, 2016 (R. K. AGRAWAL AND R. BANUMATIII, JJ.) Mortgage - Mortgage by conditional sale - When not - A transaction, though, ostensibly of sale when can be regarded.as c mortgage - of appella111s-defendants was 011ly a mortgage as a security for repayment of loa11 taken by respo11dent-plai11tiff and it was 11ever the intelllion of parties to sell the land - Held: I11 Exhibit D/1 Sale • D Deed, 110 co11ditfon is incorporated illdicati11g that it would co11Slitute
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