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october 2005

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.

Chennammal vs Munimalaiyan & Ors · Niyam