VidhiSangh

Supreme Court of India · 18/08/2023

PRAKASH (DEAD) BY LR. versus G. ARADHYA AND ORS.

[2023] 12 S.C.R. 1034 · 2023 INSC 743

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that an absolute sale and a separate same-day agreement permitting repurchase did not constitute a mortgage by conditional sale. Section 58(c) requires the reconveyance condition to be contained in the instrument effecting the sale. The documents here transferred ownership outright and reserved only a time-limited right to repurchase.

Issues

  1. Whether the sale deed and separate reconveyance agreement together created a mortgage by conditional sale.
  2. Whether the limitation finding on the challenge to the sale could be reopened in this appeal.

Provisions considered

Held

Result

Appeal dismissed; High Court judgment upholding dismissal of the suit sustained. No costs.

Judgment PDF: Supreme Court of India, [2023] 12 S.C.R. 1034.