Supreme Court of India · 2008-12-18
C. Cheriathan vs P. Narayanan Embranthiri
- Citation / case number
- AIR 2009 SUPREME COURT 1502
- Court
- Supreme Court of India
- Petitioner
- C. Cheriathan
- Respondent
- P. Narayanan Embranthiri
- Author
- S.B. Sinha
- Bench
- Cyriac Joseph, S.B. Sinha
Judgment text excerpt
The Supreme Court addressed the interpretation of a deed dated 27.10.1969 to determine if it constituted an absolute conveyance with a condition of repurchase or a mortgage with conditional sale under Section 58 of the Transfer of Property Act. The Court held that the High Court erred in its interpretation, affirming that the deed represented a sale rather than a mortgage, thus allowing the appellant's claim of ownership. The outcome reversed the High Court's decision, reinstating the First Appellate Court's ruling that the transaction was a mortgage by conditional sale.