Supreme Court of India · 2016-05-02
Patel Ravjibhai Bhulabhai (D)Thr. Lrs vs Rahemanbhai M.Shaikh(D) Thr. Lr. & Ors
- Citation / case number
- AIR 2016 SUPREME COURT 2146
- Court
- Supreme Court of India
- Petitioner
- Patel Ravjibhai Bhulabhai (D)Thr. Lrs
- Respondent
- Rahemanbhai M.Shaikh(D) Thr. Lr. & Ors
- Author
- Prafulla C. Pant
- Bench
- Prafulla C. Pant, Ranjan Gogoi
Judgment text excerpt
The Supreme Court held that the deed dated 30.12.1960, in its true interpretation, constitutes a mortgage by conditional sale under Section 58(c) of The Transfer of Property Act, 1882, rather than a sale with an option to repurchase. The Court clarified that the plaintiffs are entitled to redeem the property upon payment of Rs.10,000/- within six months, reversing the lower courts' decisions that had dismissed the suit. The appeal was allowed, affirming the High Court's decree for redemption of the property.