VidhiSangh

Supreme Court of India · 13/08/2021

BHIMRAO RAMCHANDRA KHALATE (DECEASED) THROUGH LRS. versus NANA DINKAR YADAV (TANPURA) & ANR.

[2021] 8 S.C.R. 151 · 2021 INSC 400

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Summary

A deed styled a conditional sale was held to be a mortgage by conditional sale: it recorded a loan, delivery of possession as security and an obligation to reconvey upon repayment within the same instrument. The parties’ intention and the deed as a whole controlled its character. The mortgagee established no qualifying improvement expenditure entitling him to more than the mortgage amount. The redemption suit filed after twenty years was within limitation. The Court decreed the suit and permitted payment or deposit within three months of receipt of the order.

Issues

  1. Whether the conditional sale deed evidenced a mortgage by conditional sale or an outright sale with an option to repurchase.
  2. Whether alleged improvements or the twenty-year interval defeated redemption.

Provisions considered

Held

Result

Appeal allowed without costs; redemption suit decreed. Plaintiff permitted to pay or deposit the mortgage amount within three months of receiving the order.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 151.