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october 2018

Supreme Court of India · 2018-10-10

Subhash Malhari Muneshwar . vs Arvinde Anandrao Kadam .

Citation / case number
AIRONLINE 2018 SC 374
Court
Supreme Court of India
Petitioner
Subhash Malhari Muneshwar .
Respondent
Arvinde Anandrao Kadam .
Author
R. Banumathi
Bench
Indira Banerjee, R. Banumathi

Judgment text excerpt

The Supreme Court analyzed the nature of the document Exhibit P-33 to determine if it constituted a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act or a sale with condition for reconveyance. The Court upheld the High Court's ruling that Exhibit P-33 was a sale with condition to repurchase, emphasizing the importance of the document's recitals and the parties' intentions. Consequently, the appeal was dismissed, affirming the High Court's decision.

Subhash Malhari Muneshwar . vs Arvinde Anandrao Kadam . · Niyam