RAMA DEVI versus DILIP SINGH
The transaction constituted an outright sale, not a mortgage by way of conditional sale. Even if a mortgage, under Section 164 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, it is deemed to be a sale, excluding redemption rights. Findings of fact by lower courts were upheld.
- Parties
- Appellant: Rama Devi; Respondent: Dilip Singh
- Jurisdiction
- India
- Judgment Date
- 14 March 2008
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Redemption of Mortgage, Conditional Sale, Interpretation of Deeds
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Rama Devi
Appellant
Dilip Singh
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether the transaction was a sale or mortgage by way of conditional sale under Section 58-C of the Transfer of Property Act
- 2 Applicability of Sections 155, 164, and 166 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951
- 3 Whether appellant retained a right to redemption
Ratio Decidendi
The transaction constituted an outright sale, not a mortgage by way of conditional sale. Even if a mortgage, under Section 164 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, it is deemed to be a sale, excluding redemption rights. Findings of fact by lower courts were upheld.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment