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.