Supreme Court of India · 2016-05-02
PATEL RAVJIBHAI BHULABHAI (D)THR. LRS. vs RAHEMANBHAI M.SHAIKH(D) THR. LR. .
- Citation / case number
- SC 2012/39465
- Court
- Supreme Court of India
- Petitioner
- PATEL RAVJIBHAI BHULABHAI (D)THR. LRS.
- Respondent
- RAHEMANBHAI M.SHAIKH(D) THR. LR. .
- Author
- Prafulla C. Pant
Judgment text excerpt
The Supreme Court analyzed the interpretation of a deed dated 30.12.1960 under Section 58(c) of The Transfer of Property Act, 1882, determining whether it constituted a mortgage by conditional sale or a sale with an option to repurchase. The Court held that the High Court's interpretation of the deed as a mortgage was correct, thereby allowing the plaintiffs' appeal for redemption of the property upon payment of Rs.10,000 within six months. The Court reversed the decisions of the trial court and the First Appellate Court, which had dismissed the plaintiffs' suit.