Bhoju Mandal vs Debnath Bhagat on 14 November, 1962
In a case of Bhoju Mandal v. Debnath Bhagat, , it was held by Apex Court:
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1 - 10 of 11 (0.39 seconds)P. L. Bapuswami vs N. Pattay Gounder on 7 December, 1965
31. The learned Counsel appearing for the appellants mainly relied on the judgment in a case of P.L. Bapuswami v. N. Pattay Gounder, , the Supreme Court held that;
Tamboli Ramanlal Motilal (Dead) By ... vs Ghanchi Chimanlal Keshavlal (Dead) By ... on 5 March, 1992
In a case of Tamboli Ramanlal Motilal v. Ghanchi Chimanlal Keshavlal, , the Apex Court while dealing with the question that there was a debtor and creditor relationship and therefore the Trial Court held that it was mortgage by conditional sale, but the same was confirmed by the lower Appellate Court, but the High Court set aside the concurrent finding and held that it was not a mortgage by conditional sale. On a Special Leave the Supreme Court held that it was only a interpretation of the said document and on considering the document in question therein having regard to the distinctions between mortgage and conditional sale and sale with a option to repurchase, observed that there was no debtor or creditor relationship and the amount was not at all taken as loan and as rightly observed by the High Court by executing a document, the executant discharged prior debt outstanding therefore the consideration amount was only with a condition of sale executed and there was no relationship of the debtor and creditor. A reading of the document as a whole, the Supreme Court of the view that there was no debtor and creditor relationship between the parties. It is stated that relationship of the debtor and creditor will be determined the nature of the transaction, the judgment of the High Court, stating that it is only a conditional sale and the right of repurchase was upheld by the Supreme Court.
Indira Kaur And Ors. vs Sheo Lal Kapoor on 28 March, 1988
In another case Smt. Indira Kaur v. Shri Shoe Lal Kapoor, , the property was in the possession of the original owner and the property was never mutated in the name of the transferee and in the fact, circumstances of that case it was held that it was a mortgage, by conditional sale, but not out and out sale. Admittedly, the document was executed pertaining to the ostensible sale of the property in question therein and on the same day temporary document was executed in favour of the original owner to sell the said property. As the possession of the property was continued in the name of the original owner and it was not mutated in the name of the transferee the Apex Court held that it was mortgage by conditional sale.
Mushir Mohammed Khan (Dead) By Lrs vs Smt. Sajeda Bano & Ors on 2 March, 2000
In all the above cases, there is a debtor and creditor relationship, except in case of Mushir Mohammed Khan v. Smt. Sajeda Bano, , where it was a case of neither a mortgage by conditional sale or conditional sale deed, but it was a sale deed with a right to that of agreement of reconveyance. Therefore, it was held that on a consideration of the document, the transaction was not mortgage or mortgage by conditional sale nor a usufructuary mortgage.
Santakumari & Ors vs Lakshmi Amma Janaki Amma (D) By Lrs. & Ors on 10 August, 2000
In a case of Santakumari v. Janaki Amma, 2000 (5) ALD 79 (SC), Apex Court taking into account the whole transaction came to the conclusion that the document in question therein was a mortgage by conditional sale on interpretation of the document and keeping in view of the totality of the surrounding circumstances.