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december 2016

Supreme Court of India · 2016-12-01

RAMVILAS (DEAD) THR. LRS. vs KARIM KHAN

Citation / case number
SC 2005/24373
Court
Supreme Court of India
Petitioner
RAMVILAS (DEAD) THR. LRS.
Respondent
KARIM KHAN
Author
R. Banumathi
Bench
R. BANUMATHI R.K. AGRAWAL

Judgment text excerpt

The Supreme Court upheld the High Court's decision confirming that the Sale Deed dated 14.06.1972 executed in favor of the appellants was a mortgage and not a sale, as it was intended as security for a loan taken by the 1st respondent-plaintiff. The Court emphasized that the concurrent findings of fact by the lower courts were based on adequate evidence, including the inadequacy of consideration and the intention of the parties. The appeal was dismissed, affirming the lower courts' rulings regarding the nature of the transaction.

RAMVILAS (DEAD) THR. LRS. vs KARIM KHAN · Niyam