AIR 2012 KARNATAKA 52 ::2011 AIR CC 3277 (KAR) ::2011 (4) AIR Kant HCR 376 ::2011 (4) AIR Kar R 376 ::(2011) 6 Kant LJ 512

Karnataka High Court

Hon'ble Judge(s): A. S. Pachhapure , J

Transfer of Property Act (4 of 1882) , S.58(C)— Mortgage by conditional sale or sale with right to re-purchase - Deed in question titled as sale deed - Condition of re-purchase was embodied in same document - Condition states that amount of Rs.4,000/- paid as consideration, if paid back by plaintiff before within prescribed period possession of land will be taken back - This feature indicates that document is mortgage by conditional sale - However, other condition provides for that purchaser will enjoy property permanently from date of taking of possession - Indicates document is sale deed - Both features of mortgage deed by conditional sale and as sale with condition to repurchase exist - Courts lien to construction of document most favourably to person claiming right to redeem - Plaintiff entitled to redemption of mortgage and delivery of possession. (Para 17 18)