Supreme Court of India · 1962-11-14
BHOJU MANDAL vs DEBNATH BHAGAT
- Citation / case number
- SC 1960/79
- Court
- Supreme Court of India
- Petitioner
- BHOJU MANDAL
- Respondent
- DEBNATH BHAGAT
- Bench
- SUBBARAO
Judgment text excerpt
The Supreme Court held that the document in question was a sale with a condition of repurchase rather than a mortgage by conditional sale. The distinction lies in the intention of the parties, which must be ascertained from the document and relevant circumstances. The Court emphasized that the terms of the document and the context indicated a clear sale, as evidenced by the higher sale price for a smaller area of land compared to an earlier mortgage. The appeal was dismissed, affirming the High Court's decision.