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.