Supreme Court of India
Bishwanath Prasad Singh v. Rajendra Prasad and Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the considered opinion that the sale deed dated 1-12-1965 did not convey any title to Defendant.
Judgment, page 14
From the headnote
Tram/er of Property Act. 18112- Ss. 58(cJ and 83- -Disposition of property---Sale or :'vfortgaf_e by Conditional Sale- Respondents· executing a sale deed in favour of appellant--Appellant aecuting an agreement of reconveyam:e on the same day· Respondents alleKing that transaction in effect and substance constit~te a mortgage-· Held, transaction is sule and not mortgage. Res judicata· -('ode rfCivil Procedure section 11 Exp/. V!Jl Transfer al Property Act, 18('{! Seo·1ion 83- Respondems · suil jiJr declaration that the dee,! executed hv him conslilute usufrucruarr n111ngag.: in view <f the
Authorities it was built on
- 2005 Umabai and Anr. v. Nilkanth Dhondiba Chavan by Lrs. and Anr.
- 1954 Pandit Chunchun Jha v. Sheikh Ebadat Ali and Another
- 1962 K., Simrathmull v. S. Nanjalingiah Gowder
- 1981 Prasad & Ors. v. V. Govindaswami Mudaliar & Ors.
- 2000 Mushir Mohammed Khan (dead) by Lrs. v. Smt. Sajeda Bano and Ors.
- 2005 Ramlal and Anr. v. Phagua and Ors.
- 2002 Mahila Bajrangi (dead) through Lrs. and Ors. v. Badribai W/o Jagannath and Anr.
Where later benches applied it
Of those, 1 relied on
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