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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.

VISHWANATH DADOBA KARALE vs PRISA SHANTAPPA UPADHYE (D) TH:LRS. · Niyam