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Vithal Tukaram Kadam And Anr. vs Vamanrao Sawalaram Bhosale And Ors. on 9 August, 2017 cites

Pandit Chunchun Jha vs Sheikh Ebadat Ali And Another on 14 April, 1954

7. The question whether a document is a mortgage by conditional sale, or a sale with an option to repurchase, has to be determined in the facts of each case, dependent on the recitals in the document, intention of the parties, coupled with attendant surrounding circumstances. There can be no hard and fast rule for determining the nature of the document devoid of these circumstances. Precedents, in abundance, will not suffice alone, as observed in Pandit Chunchun Jha vs. Sheikh Ebadat Ali and Another, 1955 SCR 174, as follows:-
Supreme Court of India Cites 4 - Cited by 179 - V Bose - Full Document

Ramlal & Anr vs Phagua & Ors on 19 October, 2005

“6…The criticism of learned counsel for the appellant is justified and we must proceed on the basis that the valuation of the property was Rs.8000/- and since the consideration for Ex- B-l was only Rs.4000/- it was a strong circumstance suggesting that the transaction was a mortgage and not an outright sale….” Similar is the view expressed in Ramlal vs. Phagua, (2006) 1 SCC 168.
Supreme Court of India Cites 9 - Cited by 67 - A R Lakshmanan - Full Document
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