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march 1999

Supreme Court of India · 1999-03-17

VIDHYADHAR vs MANKIKRAO

Citation / case number
SC 1996/79905
Court
Supreme Court of India
Petitioner
VIDHYADHAR
Respondent
MANKIKRAO
Author
SAGHIR AHMAD
Bench
S. Saghir Hamad D.P.Wadhwa

Judgment text excerpt

The Supreme Court ruled that the document executed by defendant No.2 in favor of defendant No.1 constituted a mortgage by conditional sale under the Transfer of Property Act, 1882, and thus the plaintiff was entitled to redeem the mortgage. The Court held that the plaintiff's offer to repay the amount was valid despite the refusal by defendant No.1, and the trial court's decree for redemption was upheld. The High Court's decision to set aside the lower courts' judgments was reversed, affirming the plaintiff's rights to the property.

VIDHYADHAR vs MANKIKRAO · Niyam