April, 1948 in favour of 'N'. But by a reconveyance
deed dated 11th February, 1953 they got their properties
reconveyed in their favour ... which they
were owners and the execution of the conditional sale deed,
reconveyance deed and the subsequent sale deed of the same
day were nothing
Plaintiff is and was ready to bear the cost of
reconveyance deed. According to the agreement Plaintiff
is and was ready to prepare the reconveyance ... ordered to pay the amount to defendant
no.1 and the reconveyance deed for the mortgage
relief be made in the name of the plaintiff
document styled as ‘Ram Ram
Patra’ (hereinafter referred to as the ‘Reconveyance Deed’) was executed
by defendant no.1 mentioning that the total value ... execution of
the Registered Sale Deed dated 02.11.1971 or the reconveyance deed of
even date executed between the plaintiff and defendant no.1. Therefore,
defendant
another unregistered document was executed between the parties
claiming to be Reconveyance Deed in terms of which on the request of
the vendor, the vendee ... Sale
Deed registered back.
Page 26 of 27
Civil Appeal No. 706 of 2015
31. In terms of the Sale Deed and the Reconveyance Deed
borrowed sum with interest payable
thereon @ 6% per annum a registered reconveyance deed shall thereafter
be executed in favour of the borrower. The case ... declaring the sale deed of 5.5.1993
to be not really a sale deed but a loan transaction. Relief of
reconveyance of property under alleged oral
agreement for
reconveyance inasmuch as it was agreed that the plaintiff
could seek reconveyance within 5 years of the sale-deed.
On the said application ... execute the sale-deed while the sale deed was executed by
the Official Receiver and there was no fresh agreement for
reconveyance between the Official
plaintiff did not agree for reconveyance. The plaintiff
gave up his demand for reconveyance and executed the sale deed. It was
contended that even otherwise ... sale deed obtained as security for the loan advanced by the defendants.
12. Execution of the sale deed and the deed of reconveyance
borrowed sum with interest payable thereon @ 6% per annum a registered reconveyance deed shall thereafter be executed in favour of the borrower. The case ... declaring the sale deed of 5.5.1993 to be not really a sale deed but a loan transaction. Relief of reconveyance of property under alleged oral
widow and
son, respondent No.1. They refused to execute the
reconveyance deed.
The appellant in the Court of Subordinate Judge filed two
suits ... Satyanarayana Rao
and his mother Pushpavathi Ammal refused to execute the
reconveyance deed, the appellant T.M Balakrishna Mudaliar
filed two suits for specific performance
show that the parties understood the same to be
a deed of reconveyance and not mortgage or a
conditional sale.
21. The terminology "vaibulwafa ... transaction, this Court held that the document in question was a deed of
reconveyance and not a mortgage with conditional sale, stating :
"23. Baib