Supreme Court of India
Prakash (dead) by Lr. v. G. Aradhya and Ors.
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.
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 15
From the headnote
Issue for consideration: Transaction between the parties whether an absolute sale of the property or a mortgage. Transfer of Property Act, 1882 – s.58(c) – Two documents executed on same day, Sale Deed and Reconveyance Deed/agreement of buy back deed, transaction if mortgage or absolute sale of the property: Held: Proviso to sub-section (c) of s.58 provides that no transaction shall be deemed to be a mortgage, unless the condition is embodied in the document which eff ects or purports to eff ect the sale – In the present case, admittedly, there are two separate documents – Sale Deed was an…
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
- 2000 Mushir Mohammed Khan (dead) by Lrs. v. Smt. Sajeda Bano and Ors.
- 1988 Sushil Kumar & Anr. v. Ram Prakash & Ors.
- 1959 Shri Bhaskar Waman Joshi (deceased) and Others v. Shri Narayan Rambilas Agarwal (deceased) and Others
- 2005 Ramlal and Anr. v. Phagua and Ors.
- 2017 Ismail Hushen Ghanchi (kalwat) v. National Highways Authority of India
- 2006 Bishwanath Prasad Singh v. Rajendra Prasad and Anr.
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