Supreme Court of India
A.B. Govardhan v. P. Ragothaman
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that the Agreement only records what has happened and does not create/extinguish rights/liabilities.
Judgment, page 19
From the headnote
Issue for Consideration Whether the respondent-defendant by way of the agreement agreed to create equitable mortgage by depositing the title deeds for the loan obtained by him from the appellant-plaintiff; whether there was redemption of the mortgage; whether the Single Judge rightly held the agreement to be a mortgage in view of Section 58(f) of the Transfer of Property Act, 1882. Headnotes† Transfer of Property Act, 1882 – s.58 – Mortgage – Loan obtained by the respondent-defendant from the appellant- plaintiff – Under the agreement in question, the respondent produced title document of his
Authorities it was built on
- 1987 Collector, Land Acquisition, Anantnag & Anr. v. Mst. Katiji & Ors.
- 2013 Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy and Others
- 1992 Dehri Rohtas Light Railway Company Limited v. District Board Bhojpur and Ors.
- 1999 The Municipal Council, Ahmednagar and Anr. v. Shah Hyder Beig and Ors.
- 2011 Kalyan Kumar Gogoi v. Ashutosh Agnihotri and Another
- 1964 K. J. Nathan v. S. V. Maruty Reddy and Others
- 2007 Syndicate Bank v. Estate Officer & Manager, A.P.I.I.C. Ltd. & Ors.
- 1950 Rachpal Mahraj v. Bhagw Andas. Daruka and Others
- 2013 State of Haryana & Others v. Navir Singh and Another
Where later benches applied it
Of those, 1 relied on
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