Supreme Court of India · 2008-03-14
RAMA DEVI vs DILIP SINGH
- Citation / case number
- SC 2001/7428
- Court
- Supreme Court of India
- Petitioner
- RAMA DEVI
- Respondent
- DILIP SINGH
- Author
- HARJIT SINGH BEDI
- Bench
- HARJIT SINGH BEDI TARUN CHATTERJEE
Judgment text excerpt
The Supreme Court held that the document dated 15th May 1974 executed by the plaintiff-appellant was a complete sale rather than a mortgage, thus denying the appellant's claim for redemption under the Transfer of Property Act. The Court emphasized that the nature of the transaction must be determined based on the intention of the parties and the terms of the document. The appeal was dismissed, affirming the lower court's ruling that the respondent was the rightful owner of the property.