Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale, Due to Absence of Possession Transfer and Presence of Debtor-Creditor Relationship. The court reversed the appellate decree and restored the trial court's finding that the deed was a mortgage under Section 58(c) of the Transfer of Property Act, 1882, as the plaintiff remained in possession and the consideration was inadequate.
15 Feb 2011The case involves a dispute over a house property in Ratna Pimpri village, Jalgaon district. The original plaintiff, Vitthal Maharu Patil (since decea...
