RAMLAL vs PHAGUA

The Supreme Court upheld the High Court's decision that the sale deed dated 01.12.1965 was a nominal sale and not a conveyance of title, as the respondent/plaintiff had not received the loan amount back within the stipulated period. The Court emphasized that the concurrent findings of fact by the lower courts were erroneous and that the respondent was entitled to reclaim possession upon repayment of the loan. The judgment clarified the application of Section 53 of the Transfer of Property Act, 1882, regarding the nature of the transaction.