Supreme Court of India · 2006-08-24
Tulsi & Ors vs Chandrika Prasad. & Ors
- Citation / case number
- AIR 2006 SUPREME COURT 3359
- Court
- Supreme Court of India
- Petitioner
- Tulsi & Ors
- Respondent
- Chandrika Prasad. & Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Dalveer Bhandari
Judgment text excerpt
The Supreme Court addressed the nature of a deed dated 30.12.1968, determining whether it constituted a sale with a condition of purchase or a mortgage by way of conditional sale under the Transfer of Property Act. The Court held that the deed was a mortgage with conditional sale, affirming the lower courts' decisions that the plaintiffs were entitled to redeem the mortgage. The Court emphasized the importance of the deed's terms, particularly regarding the right to reconveyance upon repayment of the mortgage amount by a specified date.