Supreme Court of India · 1997-04-03
TEJRAM vs PATIRAMBHAU
- Citation / case number
- SC 1986/69867
- Court
- Supreme Court of India
- Petitioner
- TEJRAM
- Respondent
- PATIRAMBHAU
- Author
- D.P. WADHWA K. RAMASWAMY
- Bench
- D.P. WADHWA K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the document purporting to be an agreement of sale was, in reality, a loan transaction, as the respondent was a money-lender and the appellant had not executed the sale deed within the stipulated time. The Court found that the purported receipt of Rs.48,000 was not for the sale but rather for unpaid interest on the loan. Consequently, the appeal was dismissed, affirming the High Court's decision to reject specific performance and order payment of Rs.62,280 inclusive of principal and interest.