Supreme Court of India · 2008-03-13
Vishwanath Dadoba Karale vs Prisa Shantappa Upadhye (D) Th. Lrs
- Citation / case number
- AIR 2008 SUPREME COURT 2510
- Court
- Supreme Court of India
- Petitioner
- Vishwanath Dadoba Karale
- Respondent
- Prisa Shantappa Upadhye (D) Th. Lrs
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court held that the transaction in question, characterized as a Conditional Sale Deed, was in fact a mortgage rather than an outright sale, as per the interpretation of the deed dated 7.10.1969. The Court emphasized that a sale for a fixed period is not recognized under the Transfer of Property Act, and the concurrent findings of the lower courts were not properly considered by the High Court. Consequently, the appeal was dismissed, affirming the High Court's judgment that the transaction constituted a mortgage.