VidhiSangh

Supreme Court of India · 09/08/2017

VITHAL TUKARAM KADAM AND ANOTHER versus VAMANRAO SAWALARAM BHOSALE AND OTHERS

[2017] 8 S.C.R. 379 · 2017 INSC 721

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Summary

A deed styled as a sale was held to be a mortgage by conditional sale when its reconveyance clause, the debtor-creditor relationship, inadequate consideration and long repayment period were considered together. The High Court erred in treating it as an outright sale with an option to repurchase and reversing the redemption decree.

Issues

  1. Whether the deed constituted a mortgage by conditional sale or a sale with an option to repurchase.

Provisions considered

Held

Result

Appeals allowed; High Court order set aside. The deed held to be a mortgage by conditional sale, sustaining the redemption decree of the courts below.

Judgment PDF: Supreme Court of India, [2017] 8 S.C.R. 379.