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october 2010

Supreme Court of India · 2010-10-08

D.R. Rathna Murthy vs Ramappa

Citation / case number
2010 AIR SCW 7159
Court
Supreme Court of India
Petitioner
D.R. Rathna Murthy
Respondent
Ramappa
Author
B.S. Chauhan
Bench
B.S. Chauhan, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the sale deed executed by the appellant in favor of the respondent was a conditional sale deed, granting the appellant the right to repurchase the property within ten years as per the terms of the deed. The Court emphasized that the High Court erred in reversing the First Appellate Court's findings, which had correctly identified the nature of the sale. The Supreme Court restored the First Appellate Court's judgment, allowing the appellant's claim for specific performance.

D.R. Rathna Murthy vs Ramappa · Niyam