Supreme Court of India · 2005-10-19
Chennammal vs Munimalaiyan & Ors
- Citation / case number
- AIR 2005 SUPREME COURT 4397
- Court
- Supreme Court of India
- Petitioner
- Chennammal
- Respondent
- Munimalaiyan & Ors
- Author
- Ar. Lakshmanan
- Bench
- Arijit Pasayat, Ar. Lakshmanan
Judgment text excerpt
The Supreme Court held that the deed dated 20.10.1970 executed by Munimalaiyan in favor of the appellant was a mortgage by conditional sale, allowing for redemption within three years as per the terms of the deed. The Court emphasized that the right to redeem is a fundamental aspect of mortgage law, and the appellant's claim of outright sale was rejected. The Court restored the lower court's order directing the appellant to re-transfer the property to Munimalaiyan's legal representatives, affirming the principles of equity and justice in property transactions.