Supreme Court · 2017 INSC 721 · Decided 9 August 2017
Vithal Tukaram Kadam and Another v. Vamanrao Sawalaram Bhosale and Others
- Court
- Supreme Court of India
- Citation
- 2017 INSC 721 · [2017] 8 S.C.R. 379
- Case number
- CIVIL APPEAL No. 7245/2011
- Decided
- 9 August 2017
- Bench
- L. NAGESWARA RAO, NAVIN SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 58(c)
Headnote
379 VITHAL TUKARAM KADAM AND ANOTHER v. VAMANRAO SAWALARAM BHOSALE AND OTHERS (Civil Appeal Nos. 7245-7246of2011) AUGUST09,2017 (L. NAGESWARA RAO AND NAVIN SINHA, JJ.) Transfer of Property Act, 1882 - s.58(c) - Mortgage by conditional sale - When - Appellant-plaintiff's suit for redemption A B by conditional sale - On appeal, held: Whether a document is a mortgage by conditional sale, or a sale with an option to repurchase, has to be determined in the facts of each case, depending on the recitals in the document, intention of the parties, coupled with attendant D surrounding
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