Supreme Court of India · 2006-08-24
TULSI vs CHANDRIKA PRASAD .
- Citation / case number
- SC 2004/18662
- Court
- Supreme Court of India
- Petitioner
- TULSI
- Respondent
- CHANDRIKA PRASAD .
- Author
- DALVEER BHANDARI S.B. SINHA
- Bench
- DALVEER BHANDARI S.B. SINHA
Judgment text excerpt
The Supreme Court examined whether a deed dated 30.12.1968 constituted a sale with a condition of purchase or a mortgage by way of conditional sale under the Transfer of Property Act. The Court upheld the lower courts' findings that the deed was a mortgage with conditional sale, affirming the right of the plaintiffs to redeem the mortgage and seek mesne profits. The Court emphasized the peculiar nature of the deed and the parties' intentions, ultimately dismissing the appeal against the decree for redemption.