BISHWANATH PRASAD SINGH versus RAJENDRA PRASAD AND ANR.

BISHWANATH PRASAD SINGH versus RAJENDRA PRASAD AND ANR.

Where a sale deed and an agreement of reconveyance are executed as separate documents contemporaneously, the transaction constitutes a sale with option for reconveyance and not a mortgage by conditional sale under section 58(c) TPA. The deposit of money under Section 83 TPA, permitted by court, does not have res judicata effect, as the proceedings are ministerial and do not involve trial of issues between parties.

Parties
Appellant: Bishwanath Prasad Singh; Respondents: Rajendra Prasad and Anr.
Jurisdiction
India
Judgment Date
24 February 2006
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree of Jharkhand High Court, Decision on Second Appeal
Outcome
Appeal allowed; High Court judgment set aside; decree and judgment of trial and appellate court restored.
Legal Topics
Transfer of Property, Mortgage by Conditional Sale, Sale With Reconveyance, Res Judicata, Best Evidence Rule
Property Law Civil Procedure Evidence Transfer of Property Mortgage by Conditional Sale Sale With Reconveyance Res Judicata Best Evidence Rule

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Parties

Bishwanath Prasad Singh

Appellant

Rajendra Prasad and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree of Jharkhand High Court, Decision on Second Appeal

Legal Issues

  1. 1 Whether the transaction dated 24.6.1977 constitutes a mortgage by conditional sale or an absolute sale with reconveyance.
  2. 2 Whether the order permitting deposit under Section 83 of the Transfer of Property Act operates as res judicata.

Ratio Decidendi

Where a sale deed and an agreement of reconveyance are executed as separate documents contemporaneously, the transaction constitutes a sale with option for reconveyance and not a mortgage by conditional sale under section 58(c) TPA. The deposit of money under Section 83 TPA, permitted by court, does not have res judicata effect, as the proceedings are ministerial and do not involve trial of issues between parties.

Court Disposition

Appeal allowed; High Court judgment set aside; decree and judgment of trial and appellate court restored.

Orders

  • Appeal allowed.
  • Impugned judgment of High Court set aside.