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april 2017

Supreme Court of India · 2017-04-25

Srinivasaiah vs H.R.Channabasappa (D) Tr.Lrs.& Ors

Citation / case number
AIR 2017 SUPREME COURT 2141
Court
Supreme Court of India
Petitioner
Srinivasaiah
Respondent
H.R.Channabasappa (D) Tr.Lrs.& Ors
Author
Abhay Manohar Sapre
Bench
R.K. Agrawal, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court held that the document executed by the plaintiff in favor of defendant No.1 on 28.07.1969 was a mortgage deed under the Transfer of Property Act, 1882, and not a sale deed as claimed by defendant No.1. The Court emphasized that the plaintiff's right to redeem the mortgage was valid, and the subsequent sale of the property to defendant No.2 was not binding on the plaintiff. The judgment of the High Court was set aside, restoring the original decree in favor of the plaintiff for redemption of the mortgage and recovery of possession.

Srinivasaiah vs H.R.Channabasappa (D) Tr.Lrs.& Ors · Niyam