VidhiSangh

Supreme Court of India · 19/11/2024

LEELA AGRAWAL versus SARKAR & ANR.

[2024] 11 S.C.R. 1130 · 2024 INSC 946

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Summary

Reversing concurrent findings, the Supreme Court held that a registered deed describing the mortgagee as a 'conditional purchaser' and providing that the deed would be treated as a sale if the money was not repaid within three years was a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, not a simple mortgage. The mortgagor's permissive possession did not change its character, and her suit for redemption was dismissed.

Issues

  1. Whether the mortgage deed dated 17.10.1990 was a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882 or a simple mortgage, and whether the plaintiff could redeem it.
  2. Whether the mortgagor's continued possession of the land showed that the transaction was not a mortgage by conditional sale.
  3. Whether the transaction was invalid under Section 165 of the Chhattisgarh Land Revenue Code, 1959.

Provisions considered

Held

Result

Appeals allowed; the judgments of the High Court in First Appeal No. 28 of 2004 and Review Petition No. 222 of 2018 and the trial court's decree set aside and the suit dismissed; the trial court to refund the plaintiff's deposit with accrued interest; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 1130.