Supreme Court of India
Patel Ravjibhai Bhulabhaj (d) Thr. Lrs. v. Rahemanbhai M.. Shaikh (d) Thr. Lrs. & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that the High Court has rightly held that the deed in question Exh.23 read with Exh. 37 is a mortgage by way of conditional sale and the decree passed in favour of the plaintiffs does not require to be interfered with.
Judgment, page 6
From the headnote
Transfer. of Property Act, 1882 - ss.58(c), 60 .-.Ex.ecution of deed between parties -· lnterpretatiOn of - Mortgage by conditional sale or sale with optiolT to repurchase.- Held: There was a condition in the deed that if pl'aintiffs-respondents make repayment of Rs. I 0, 000/- within a period .of five years, defendants would handover the possession of proeprty in suit back to plaintiffs - Condition reflects that the actual transaciion between the parties was of a loan, and the relationship of debtor and creditor existed - Thus, the High Court rightly held that the deed is a mortgage by way
Authorities it was built on
Where later benches applied it
Of those, 1 mentioned
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