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.