Niyam v2 is live — start for just ₹100 — 200 credits to try

october 2017

Supreme Court of India · 2017-10-24

Suraj Narain Kapoor vs Pradeep Kumar .

Citation / case number
AIR 2017 SUPREME COURT 5046
Court
Supreme Court of India
Petitioner
Suraj Narain Kapoor
Respondent
Pradeep Kumar .
Author
Navin Sinha
Bench
Navin Sinha, Ranjan Gogoi

Judgment text excerpt

The Supreme Court held that the document in question, Exhibit-A1, was a mortgage by conditional sale under Section 58(C) of the Transfer of Property Act, despite the High Court's contrary finding. The Court emphasized that the intention of the parties to create a mortgage was evident from the right to redemption included in the document, which fulfilled statutory requirements. The Court reversed the High Court's decision, reinstating the decrees of the trial court and first appellate court, affirming the plaintiff's right to redeem the mortgage.

Suraj Narain Kapoor vs Pradeep Kumar . · Niyam