NDLI: Sopan (dead) Through His L.r. Vs. Syed Nabi

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Transfer of Property Act Mortgage by conditional sale 1882 s.58(c)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Transfer of Property Act, 1882 (4 of 1882)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Transfer of Property Act, 1882 – s.58(c) – Mortgage by conditional sale – Respondent-plaintiff received a sum of Rs.5000/- from appellant-defendant, however, same was construed as the consideration for the suit property and a registered sale deed dated 10.12.1968 (Exh.23) was executed in favour of the defendant – A separate agreement dated 10.12.1968 (Exh.24) was also entered into between the parties where the plaintiff agreed to repay the said amount and secure reconveyance of the property – Another agreement was entered into on 29.08.1969 (Exh.14/1) under which plaintiff agreed that he had received additional amount of Rs.2,224/-, hence total amount of Rs.7,224/- – Suit was filed seeking redemption of mortgage and recovery of the possession of the suit property – Plaintiff claimed that he was prepared to repay the amount so as to secure back the property and, in that regard, construing the transaction as a mortgage – Trial court decreed the suit – Lower appellate court on reappreciation of the evidence set aside the judgment and decree of the trial court – However, High Court decreed the suit in favour of plaintiff – On appeal, held: On perusal of three documents namely, sale deed dated 10.12.1968 (Exh.23) agreements dated 10.12.1968 (Exh.24) and 29.08.1969 (Exh.14/1), it is clear that sale deed dated 10.12.1968 did not disclose that the transaction is one of mortgage or that of a conditional sale – Agreement dated 10.12.1968 (Exh.24) can only be treated an agreement where the defendant had agreed to reconvey the property subject to the repayment being made as provided thereunder – Further, agreement dated 29.08.1969 (Exh.14/1) disclose that plaintiff did not repay Rs.5000/-and instead received a further sum of Rs.2,224/-, thus in all taking the financial assistance treated as sale consideration to Rs.7,224/- – If the reconveyance as agreed under agreement dated 10.12.1968(Exh.24) was to be effected the said amount was to be repaid, failing which the right of reconveyance would be forfeited and sale deed would become absolute after which even the right of reconveyance would not be available – Admittedly the said amount was not repaid by plaintiff – In that background the document cannot be considered as a mortgage by conditional sale – Since the amount was not repaid the defendant had acquired absolute right to the property – In the circumstance, the suit seeking redemption was not sustainable.
Judge	Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna
Neutral Citation	2019 INSC 761
Petitioner	Sopan (dead) Through His L.r.
Respondent	Syed Nabi
SCR	[2019] 9 S.C.R. 969
Judgement Date	2019-07-16
Case Number	3506

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Sopan (dead) Through His L.r. Vs. Syed Nabi

Please Log-in to view this content

Vithal Tukaram Kadam and Another Vs. Vamanrao Sawalaram Bhosale and Others

Chennammal Vs. Munlmalalyan and Ors.

Raj Kishore (dead) By Lrs. Vs. Prem Singh & Ors.

Sri Srinivasaiah Vs. H. R. Channabasappa (since Dead) By His Lrs. and Ors.

M.r. Satwaji Rao (d) By L.rs. Vs. B. Shama Rao (dead) By L.rs. & Ors.

P. L. Bapuswami Vs. N. Pattay Gounder

Dev Raj (dead) Through L.rs. Vs. Harbans Singh (dead) Through L.rs.

Manjabai Krishna Patil (d) By Lrs. Vs. Raghunath Revaji Patil and Anr.

Mushir Mohammed Khan (dead) By Lrs. Vs. Smt. Sajeda Bano and Ors.

Sopan (dead) Through His L.r. Vs. Syed Nabi

Sopan (dead) Through His L.r. Vs. Syed Nabi

Please Log-in to view this content

Similar Documents

Vithal Tukaram Kadam and Another Vs. Vamanrao Sawalaram Bhosale and Others

Chennammal Vs. Munlmalalyan and Ors.

Raj Kishore (dead) By Lrs. Vs. Prem Singh & Ors.

Sri Srinivasaiah Vs. H. R. Channabasappa (since Dead) By His Lrs. and Ors.

M.r. Satwaji Rao (d) By L.rs. Vs. B. Shama Rao (dead) By L.rs. & Ors.

P. L. Bapuswami Vs. N. Pattay Gounder

Dev Raj (dead) Through L.rs. Vs. Harbans Singh (dead) Through L.rs.

Manjabai Krishna Patil (d) By Lrs. Vs. Raghunath Revaji Patil and Anr.

Mushir Mohammed Khan (dead) By Lrs. Vs. Smt. Sajeda Bano and Ors.

Sopan (dead) Through His L.r. Vs. Syed Nabi