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.