C. CHERIATHAN versus P. NARAYANAN EMBRANTHIRI
On the facts, the deed was an absolute conveyance with a condition of repurchase and not a mortgage with conditional sale, as there was no evidence of a creditor-borrower relationship, possession and attornment were granted, and the assignment was for only half share with stipulations appropriate to a sale rather than mortgage.
- Parties
- Appellant: C. Cheriathan; Respondent: P. Narayanan Embranthiri
- Jurisdiction
- India
- Judgment Date
- 18 December 2008
- Procedural Posture
- Civil Appeal / Appeal From Judgment and Order of Kerala High Court in S.a. No. 290 of 1993
- Outcome
- Appeal allowed; impugned High Court judgment set aside.
- Legal Topics
- Conveyance Deed, Interpretation of Deeds, Mortgage by Conditional Sale, Transfer of Property Act, 1882 Section 58(c)
Case Brief
Summary, issues, holding and outcome
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Parties
C. Cheriathan
Appellant
P. Narayanan Embranthiri
Respondent
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Kerala High Court in S.a. No. 290 of 1993
Legal Issues
- 1 Whether the deed in question is an absolute conveyance with a condition of repurchase or a mortgage with conditional sale
Ratio Decidendi
On the facts, the deed was an absolute conveyance with a condition of repurchase and not a mortgage with conditional sale, as there was no evidence of a creditor-borrower relationship, possession and attornment were granted, and the assignment was for only half share with stipulations appropriate to a sale rather than mortgage.
Court Disposition
Appeal allowed; impugned High Court judgment set aside.
Orders
- Impugned judgment set aside.
- No order as to costs.
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