Supreme Court of India
Vishwanath Dadoba Karale v. Prisa Shantappa Upadhye (d) Th. Lrs
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that the High Court was correct in its opinion that D the transaction evidenced a mortgage and not a sale.
Judgment, page 10
From the headnote
Transfer of Property Act, 1882: s.58(c) - Mortgage by conditional sale - Deed executed selling immovable property for five years with stipulation to re-purchase the same for the same amount within five years - HELD: Having regard to terms of the deed, High Court rightly held that. transaction evidenced a mortgage and not sale - Suit for redemption of mortgage was maintainable which was rightly decreed by High Court. The predecessor-in-interest of the respondent executed a conditional deed of sale of the suit property for Rs.500/-for five years with a stipulation to re-purchase the same by
Authorities it was built on
Where later benches applied it
- 2017 Vithal Tukaram Kadam and Another v. Vamanrao Sawalaram Bhosale and Others
- 2016 Patel Ravjibhai Bhulabhaj (d) Thr. Lrs. v. Rahemanbhai M.. Shaikh (d) Thr. Lrs. & Ors.
Of those, 1 relied on · 1 referred to
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