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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.

BHIMRAO RAMCHANDRA KHALATE (DECEASED) THROUGH LRS. vs NANA DINKAR YADAV (TANPURA) · Niyam