Supreme Court of India
Dharmaji Shankar Shinde and Others v. Rajaram Shripad Joshi (dead) through Lrs. and Others
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
In the result, the impugned judgment of the High Court in Second Appeal No.887 of 2003 dated 15.11.2006 is set aside and these appeals are allowed.
Judgment, page 18
From the headnote
Deeds and Documents – ‘Mortgage by conditional sale’ or ‘Sale with a condition to repurchase’ – Respondents-plainti ffs case was that the suit property was mortgaged by their fath er in favour of the predecessor-in-interest of the appellants-de fendants for Rs.2500/- – Pursuant thereto, a Deed (Ex.P-73) was executed by the parties – According to the respondents the said deed was a deed of ‘mortgage by conditional sale’ with a condition that i f the amount is not repaid within a period of five years from the dat e of execution of the deed, then the same would be treated as an ab solute sale
Authorities it was built on
Where later benches applied it
- 2021 Bhimrao Ramchandra Khalate (deceased) through Lrs. v. Nana Dinkar Yadav (tanpura) & Anr.
- 2019 Sopan (dead) through His L.R. v. Syed Nabi
Of those, 1 referred to · 1 mentioned
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