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.