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february 2006

Supreme Court of India · 2006-02-24

BISHWANATH PRASAD SINGH vs RAJENDRA PRASAD

Citation / case number
SC 2004/143
Court
Supreme Court of India
Petitioner
BISHWANATH PRASAD SINGH
Respondent
RAJENDRA PRASAD
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 transaction in question, executed on 24.6.1977, was indeed a sale deed and not a mortgage, affirming the lower courts' decisions. The Court emphasized that the respondents failed to seek specific performance within the statutory period, thus upholding the dismissal of their suit.

BISHWANATH PRASAD SINGH vs RAJENDRA PRASAD · Niyam