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april 1997

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.

TEJRAM vs PATIRAMBHAU · Niyam