Vithal Tukaram Kadam vs Vamanrao Sawalaram Bhosale - Supreme Court Important Judgment

 Vithal Tukaram Kadam vs Vamanrao Sawalaram Bhosale - Supreme Court Important Judgment 2017 - 

 

On 9th August, 2017, in the case of Vithal Tukaram Kadam and Another v. Vamanrao Sawalaram Bhosale and Others [Civil Appeal Nos. 7245-7246 of 2011], it was held that “the question whether a document is a mortgage by conditional sale, or a sale with an option to repurchase, has to be determined in the facts of each case, dependent on the recitals in the document, intention of the parties, coupled with attendant surrounding circumstances. There can be no hard and fast rule for determining the nature of the document devoid of these circumstances.”


 It was observed that “an ostensible sale with transfer of possession and ownership, but containing a clause for reconveyance in accordance with Section 58(c) of the Transfer of Property Act, 1882, will clothe the agreement as a mortgage by conditional sale”, however, “the execution of a separate agreement for reconveyance, either contemporaneously or subsequently, shall militate against the agreement being mortgage by conditional sale.”

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