Supreme Court of India
Chennammal v. Munlmalalyan and Ors.
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From the headnote
Transfer of Property Act, 1882-Section 58(c)-Mortgage by conditional sale-Sale of one of the mortgaged properties to mortgagee-Reserving a right to repurchase-Right to redeem property within three years reserved specifically-Sale value much less than existing value-Held, the recitals would clearly show that the deed is n1Jt a sale but a mortgage by conditional sale. Respondent executed a simple mortgage in favour of the appellant for a sum of Rs. 3,000. For securing the due repayment, 3 items of properties were given as security. Since he was unable to discharge the simple mortgage, on the
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