Supreme Court of India · 2005-10-19
CHENNAMMAL vs MUNIMALAYAN .
- Citation / case number
- SC 1998/13314
- Court
- Supreme Court of India
- Petitioner
- CHENNAMMAL
- Respondent
- MUNIMALAYAN .
- Author
- AR. Lakshmanan
- Bench
- DR. AR. LAKSHMANAN ARIJIT PASAYAT
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, not an outright sale. The Court emphasized that the right to redeem the property was valid and enforceable under the provisions of the Transfer of Property Act, and that the appellant's claim of absolute ownership was unfounded. The Court restored the order of the District Munsiff, allowing Munimalaiyan's legal representatives to redeem the property by paying the adjusted amount as per Section 8 of Act 5 of 1978.