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december 2008

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.

C. Cheriathan vs P. Narayanan Embranthiri · Niyam