Back
HIGH COURT OF CHHATTISGARH AT BILASPUR
Naresh Kumar Chandravanshi
Satrughan S/o Ghanshyam Das Bairagi – Appellant
Versus
Hirendra Das S/o Girdharidas Bairagi – Respondent
JUDGMENT :
(Naresh Kumar Chandravanshi, J.)
1 This first appeal has been filed by the appellant/plaintiff under Section 96 of the Civil Procedure Code, 1908 (henceforth, referred to as ‘CPC’), challenging the judgment and decree dated 28-11-2019 passed by the 2nd Upper District Judge, Rajnandgaon (CG) in Civil Suit No. 35A/2015, whereby the civil suit filed by the appellant/plaintiff has been dismissed.
(hereinafter, parties would be referred as per their status shown in the plaint.)
2 Facts of the case in brief, are that, plaintiff filed civil suit for declaration and permanent injunction stating inter alia that, he is owner of land bearing Khasra No. 331/4, area 3.25 acre, situated at village Bamhnichar Bhatha, P.H. No. 48, Post Charbhatha, Tehsil Chhuria, District Rajnandgaon (henceforth referred to as ‘suit land’). He needed Rs. 1 lakh for his domestic work, which was given by defendant No. 1 subject to condition that he will execute registered sale deed in favour of defendant No. 1. Plaintiff executed registered sale deed (Ex. P-1) dated 29-11-2005 in respect of suit land. It is further pleaded by plaintiff that, defendant No. 1 had agreed to re- transfer the suit land vide regist
A sale deed must explicitly state conditions for re-transfer to qualify as a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act.
Redemption of mortgage – No transaction shall be deemed to be a mortgage, unless condition is embodied in document which effects or purports to effect sale.
The main legal point established in the judgment is the importance of interpreting the terms of a document and considering the surrounding circumstances to determine the real intention of the parties....
The main legal point established in the judgment is that a mortgage deed must fulfill the requisite conditions as provided in the law, and its registration is necessary for validity and admissibility....
The court affirmed that a sale deed is valid unless proven to be a mortgage by conditional sale under Section 58(c), emphasizing the necessity of matching documentary intentions.
The main legal point established is that the nature of a sale deed, the right to repurchase, and the applicable limitation for the suit are crucial factors in determining the outcome of property disp....
A transaction cannot be deemed a mortgage by conditional sale unless the condition for retransfer is embodied in the same document that effects the sale, as per Section 58(C) of the Transfer of Prope....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
