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may 2016

Supreme Court of India · 2016-05-02

M/S MEDIA VIDEO LIMITED (REAL ESTATE DIVISION) vs SANDEEP KUMAR

Citation / case number
SC 2016/4683
Court
Supreme Court of India
Petitioner
M/S MEDIA VIDEO LIMITED (REAL ESTATE DIVISION)
Respondent
SANDEEP KUMAR
Author
Prafulla C. Pant
Bench
PRAFULLA C. PANT RANJAN GOGOI

Judgment text excerpt

The Supreme Court held that the deed dated 30.12.1960, executed by the original plaintiffs, constituted a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, rather than a mere conditional sale. The Court found that the High Court correctly interpreted the deed, allowing the plaintiffs to redeem the property upon payment of Rs.10,000 within six months. The appeal by the defendants was dismissed, affirming the High Court's decree for redemption of the property.

M/S MEDIA VIDEO LIMITED (REAL ESTATE DIVISION) vs SANDEEP KUMAR · Niyam