Supreme Court of India · 2008-03-13
VISHWANATH DADOBA KARALE vs PRISA SHANTAPPA UPADHYE (D) TH:LRS.
- Citation / case number
- SC 2006/27594
- Court
- Supreme Court of India
- Petitioner
- VISHWANATH DADOBA KARALE
- Respondent
- PRISA SHANTAPPA UPADHYE (D) TH:LRS.
- Author
- V.S. SIRPURKAR S.B. SINHA
- Bench
- V.S. SIRPURKAR S.B. SINHA
Judgment text excerpt
The Supreme Court held that the transaction dated 7.10.1969 was a conditional mortgage rather than a sale, as per the interpretation of the deed under the Transfer of Property Act. The Court emphasized that a sale for a fixed period is not recognized under the Act, and the concurrent findings of the Trial Judge and the first appellate court were overlooked by the High Court. The appeal was dismissed, affirming the High Court's judgment that the transaction constituted a mortgage, allowing the respondent to redeem the property.