Supreme Court of India · 2019-04-23
Dharmaji Shankar Shinde vs Rajaram Shripad Joshi (Dead) Through ...
- Citation / case number
- AIR 2019 SUPREME COURT 2367
- Court
- Supreme Court of India
- Petitioner
- Dharmaji Shankar Shinde
- Respondent
- Rajaram Shripad Joshi (Dead) Through ...
- Author
- R. Banumathi
- Bench
- R. Subhash Reddy, R. Banumathi
Judgment text excerpt
The Supreme Court upheld the decision of the first Appellate Court, affirming that Ex.P-73 constitutes a 'mortgage by conditional sale' under the relevant property laws, allowing the respondents-plaintiffs to redeem the property upon payment of the outstanding amount. The Court clarified that the trial court's interpretation of the transaction as an absolute sale was incorrect, emphasizing the necessity of establishing the debtor-creditor relationship for redemption rights. The appeal was dismissed, reinforcing the plaintiffs' entitlement to reclaim the property.