Supreme Court · 2013 INSC 377 · Decided 1 July 2013
Vanchalabai Raghunath Ithape (D) BY LR v. Shankarrao Baburao Bhilare (D) BY LRS. and Others
- Court
- Supreme Court of India
- Citation
- 2013 INSC 377 · [2013] 8 S.C.R. 1028
- Case number
- CIVIL APPEAL No. 4833/2013
- Decided
- 1 July 2013
- Bench
- P. SATHASIVAM, M.Y. EQBAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 58(a)
Headnote
Deeds and Documents - Mortgage by conditional sale C or transfer by way of sale with a condition to repurchase - Document described as sale deed transferring land belonging to plaintiff-appellant alongwith the fixtures and also handing over possession to defendant-respondent For purpose of bringing a transaction within meaning of o 'mortgage by conditional sale', the first condition is that the mortgagor ostensibly sells the mortgaged property on the condition that on such payment being made, the buyer shall transfer the property to the seller - Although there is
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