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november 1962

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.

BHOJU MANDAL vs DEBNATH BHAGAT · Niyam