Supreme Court of India · 2013-07-01
Vanchalabai Raghunath Ithape(D)By Lr vs Shankarrao Baburao Bhilare(D)By ...
- Citation / case number
- AIR 2013 SUPREME COURT 2924
- Court
- Supreme Court of India
- Petitioner
- Vanchalabai Raghunath Ithape(D)By Lr
- Respondent
- Shankarrao Baburao Bhilare(D)By ...
- Author
- M.Y. Eqbal
- Bench
- M.Y. Eqbal, P. Sathasivam
Judgment text excerpt
The Supreme Court held that the transaction between the parties was a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, rather than an outright sale. The Court affirmed the trial court's finding that the plaintiff was entitled to redeem the property after paying the stipulated amount of Rs.3,000/- within the specified period. The appeal was allowed, and the High Court's dismissal of the second appeal was set aside, thereby upholding the trial court's decree in favor of the plaintiff.