Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1882 - s.58(c) - Transfer of Property Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Transfer of Property Act, 1882 - s.58(c) - Nature of document - Mortgage by conditional sale or a sale out and out with a condition to repurchase - Held: Document is mortgage deed by conditional sale - Third condition of S. 58(c) that 'on condition that such payment being made, buyer shall transfer the property to sellers satisfied - Transaction is concluded in one document; document styled as "deed of conditional sale" itself contains the condition of repurchase on offering the sale money without interest for the reason that buyer-defendant no. was allowed to use the land till the money is not paid back to him by the seller-plaintiff; and that the parties'. intention as per terms of document also supported by the evidence - Reasoning and the conclusion arrived at by the trial court and the High Court that the document is a 'mortgage deed by conditional sale' as defined uls. 58(c) just and proper and thus, upheld - Deeds and documents. Limitation Act, 1963 - Art. 61 (a) - Suit by mortgagor, to redeem or recovery possession of immovable property mortgaged - Period of limitation - On facts, document being mortgage by way of conditional sale, and right to redeem accrued to mortgagor on 27.07.1974 and suit was filed on 19.09.1987 - Held: Suit was filed within limitation period of 30 years - Case is governed by Art. 6l(a) providing limitation of 30 years when right to redeem or to recover possession accrues to the mortgage:Contract Act, 1872 - s. 65 - Obligation of person who has received advantage under void agreement, or contract that becomes void - Execution of mortgage deed by plaintiff-mortgagor in favour of defendant no. 1 by way of security for repayment of loan given to. him by defendant no. 1 - Possession of suit land delivered to defendant no. 1 for 5 years to use the same, thereaper, on repayment of loan amount by plaintiff, defendant no. 1 would restore possession of suit land by redeeming the mortgage - However, suit land not redeemed in his favour - Meanwhile, defendant no. J sold suit land for Rs. 30,000/- to defendant no. 2-appellant - Suit to redeem by B mortgagor-plaintiff - Suit decreed against defendants by trial court and upheld by High Court and this Court, whereby LRs of original plaintiff to repay loan amount to LRs of original defendant no. 1 and defendant no. 1 to execute sale deed by transferring the suit land to plaintiff and restore them the possession - As regards the sale consideration of Rs. 30,0001- with defendant no 1, held: Effect C of the decree is that the transaction of sale of suit land between defendant no. 1 and defendant no. 2 vide sale deed is declared bad and stands nullified - In view thereof. defendant no. 1 has no right to retain the sale consideration to himself - Thus, LRs of defendant no.1 to return the sale consideration of Rs.30,0001- to defendant D no. 2. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 396 |
Petitioner | Sri Srinivasaiah |
Respondent | H. R. Channabasappa (since Dead) By His Lrs. And Ors. |
SCR | [2017] 3 S.C.R. 265 |
Judgement Date | 2017-04-25 |
Case Number | 5576-5577 |
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