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.