Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mortgage - Mortgage by conditional sale - When not - A transaction though ostensibly of sale when can be regarded.as mortgage - Intention of the parties |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Mortgage - Mortgage by conditional sale - When not - A transaction, though, ostensibly of sale when can be regarded.as mortgage - Intention of the parties to be gatheli!d from the language c of the deed interpli!ted in the light of surroundi11g circumstances - Whether the sale deed i11 question, I;xhibit D/1 executed i11 favour 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 mortgage by co11ditional sale - Exhibit DI 1 Sale Deed was executed only as a security for the loan and it was never the intention of the parties lo convey the suit property - Since ihe 1st respondelll- plaintiff paid back the loan amount as is evident from Agreement- Exhibit P/2, Courts below rightly recorded concurrent findings of E fact that Exhibit D/1 Sale Deed is not binding on the 1st respondent- plaintiff - Inadequacy of sale consideration yet another circumstance to indicate that the 1st respondentcplaintiff could not have intended to sell the property to appellants-defendants - Transfer of Properry Act, 1882 - s.58(e). |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2016 INSC 1085 |
Petitioner | Ramvilas (dead) Thr. Lrs. & Anr. |
Respondent | Karim Khan & Anr. |
SCR | [2016] 9 S.C.R. 742 |
Judgement Date | 2016-12-01 |
Case Number | 2078 |
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