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april 2017

Supreme Court of India · 2017-04-25

SRINIVASAIAH vs H.R.CHANNABASAPPA (D) TR.LRS..

Citation / case number
SC 2012/25109
Court
Supreme Court of India
Petitioner
SRINIVASAIAH
Respondent
H.R.CHANNABASAPPA (D) TR.LRS..
Author
Abhay Manohar Sapre
Bench
ABHAY MANOHAR SAPRE R.K. AGRAWAL

Judgment text excerpt

The Supreme Court examined the nature of the document executed on 28.07.1969, determining it to be a mortgage deed under Section 58 of the Transfer of Property Act, 1882, rather than a sale deed as claimed by the defendant. The Court held that the plaintiff was entitled to redeem the mortgage upon repayment of the loan amount, thus restoring his ownership of the suit land. The High Court's decision to set aside the lower court's judgment was reversed, affirming the plaintiff's right to reclaim the property.

SRINIVASAIAH vs H.R.CHANNABASAPPA (D) TR.LRS.. · Niyam