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february 2006

Supreme Court of India · 2006-02-24

Bishwanath Prasad Singh vs Rajendra Prasad & Anr

Citation / case number
AIR 2006 SUPREME COURT 2965
Court
Supreme Court of India
Petitioner
Bishwanath Prasad Singh
Respondent
Rajendra Prasad & Anr
Author
S.B. Sinha
Bench
S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the issue of whether a transaction labeled as a sale deed could be recharacterized as a usufructuary mortgage under the Bihar Money Lenders Act, 1974. The Court held that the deed of sale executed on 24.6.1977 was indeed a valid sale and not a mortgage, affirming the lower courts' decisions that the respondents' suit was not maintainable. The Court emphasized that the remedy for the respondents was to seek specific performance, which they failed to do within the statutory period, thus upholding the High Court's dismissal of the appeal.

Bishwanath Prasad Singh vs Rajendra Prasad & Anr · Niyam