Supreme Court of India · 2021-08-13
BHIMRAO RAMCHANDRA KHALATE (DECEASED) THROUGH LRS. vs NANA DINKAR YADAV (TANPURA)
- Citation / case number
- SC 2007/2113
- Court
- Supreme Court of India
- Petitioner
- BHIMRAO RAMCHANDRA KHALATE (DECEASED) THROUGH LRS.
- Respondent
- NANA DINKAR YADAV (TANPURA)
- Author
- HON'BLE MR. JUSTICE HEMANT GUPTA
- Bench
- HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE HEMANT GUPTA
Judgment text excerpt
The Supreme Court addressed the issue of whether a document titled 'conditional sale deed' executed in 1969 constituted a mortgage or a sale. The court emphasized the need to interpret the nature of the transaction based on the intent of the parties and the surrounding circumstances. Ultimately, the court upheld the lower courts' decisions, affirming that the transaction was indeed a conditional sale and not a mortgage, thus dismissing the plaintiff's appeal for redemption of the property.