Supreme Court · 2006 INSC 544 · Decided 24 August 2006

Tulsi and ORS. v. Chandrika Prasad and ORS.

Court
Supreme Court of India
Citation
2006 INSC 544 · [2006] SUPP. 5 S.C.R. 255
Case number
CIVIL APPEAL No. 3631/2006
Decided
24 August 2006
Bench
S.B. SINHA, DALVEER BHANDARI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Evidence Act Section 58(c), 83, 91; Transfer of Property Act Section 58(c), 83

Headnote

B Transfer of Property Act, 1882-Sections 58(c) and 83-Evidence Act, I 872-Section 9 I-Mortgage of Part of suit property-Sale of the whole suit property thereafter to another by a document with a right to redeem the C mortgage-Suit for decree of redemption of mortgage or in the alternative for a the suit holding that the doucment is a deed of mortgage with conditional sale and not a sale with a condition to repurcahse -First Appellate Court affirmed the decree-High Court dismissed the Second Appeal----Correctness of-Held, on facts, transaction is held to be D a mortgage with

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