Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of Property Act 1882 |
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 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Transfer of Property Act, 1882: ss. 58(c) proviso and 63 – Redemption of mortgaged property – Plaintiff, owner of agricultural land borrowed Rs.3,000/- from defendant No. 1 by executing a document titled “conditional sale deed” as a security for the loan amount, which was to be returned and the defendant was bound to re-transfer the land – Plaintiff requested defendant No. 1 to reconvey the suit land by accepting the loan amount of Rs.3,000/- but defendant No. 1 refused to do so – Subsequently, defendant No. 1 transferred the suit land in favour of his brother-defendant No. 2 – Suit for redemption of mortgaged property and possession by plaintiff, claiming that the transaction was in the nature of mortgage even though it was titled as the conditional sale – Dismissal of suit by trial court and High Court – Sustainability of – Held: Not sustainable – Condition of re-transfer is a part of the same document, as expressed by the proviso of s. 58(c) – Transaction which takes the outward form of a sale but in essence the documents are of a mortgage, though it is couched in the form of a sale – Document has to read as a whole and if any word is ambiguous, then the intention of the parties has to be seen when such document was executed – Thus, reading of the document would show that the document was executed for the reason that the plaintiff has borrowed a sum of Rs.3,000/- and the defendant is bound to re-transfer the land if the amount is paid within one year – Advance of loan and return thereof are part of the same document which creates a relationship of debtor and creditor – Thus, it would be covered by proviso in s . 58(c) – Thus, the judgment and decree passed by the First Appellate Court and that of the High Court are set aside and the suit is decreed. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2021 INSC 400 |
Petitioner | Bhimrao Ramchandra Khalate (deceased) Through Lrs. |
Respondent | Nana Dinkar Yadav (tanpura) & Anr. |
SCR | [2021] 8 S.C.R. 151 |
Judgement Date | 2021-08-13 |
Case Number | 10197 |
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