AIR 2017 SUPREME COURT 2141 ::2017 (3) AKR 24 ::(2017) 137 RevDec 295 ::(2018) 1 CLR 1173 (SC) ::(2017) 2 WLC(SC)CVL 115 ::(2017) 4 CivLJ 591 ::(2017) 2 All RentCas 27 ::(2017) 2 Pat LJR 467 ::(2017) 3 RecCivR 118 ::(2017) 5 Scale 306 ::(2017) 3 CurCC 438 ::AIR 2017 SC (Civil) 1537 ::(2017) 3 Cal HN 44 ::(2017) 123 All LR 839 ::(2017) 4 Bom CR 1 ::(2017) 3 ICC 337 ::(2017) 124 Cut LT 172 ::(2017) 4 Mad LJ 484 ::(2017) 2 JLJR 462 ::2017 (12) SCC 821 ::(2017) 4 KCCR 2728 ::(2017) 4 AndhLD 111 ::(2017) 176 AllIndCas 187 (SC)

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): R. K. Agrawal, Abhay Manohar Sapre , JJ

(A) Transfer of Property Act (4 of 1882) , S.58(c)— Mortgage by conditional sale or sale out and out - Plaintiff to secure repayment of loan amount executed document and placed defendant in possession of suit property - Document styled as 'Deed of Conditional sale' - Itself containing condition of repurchase on offering sale money without interest - Document in question is a 'mortgage deed by conditional sale'. AIR 2013 SC 2924, Held per incuriam.AIR 1954 SC 345, Followed. (Para 26 27 29 30 32) (B) Limitation Act (36 of 1963) , Art.61(a)— Limitation - Suit for redemption of mortgage - Mortgage deed executed by way of security for repayment of loan and defendant placed in possession of suit property for period of 5 years - Suit for redemption of mortgage filed within 30 years from date of expiry of period of five years - Not barred by limitation. (Para 34) (C) Specific Relief Act (47 of 1963) , S.10— @page-SC2142Specific performance of enforceable contract - Relief - Pending suit for redemption of mortgage and possession, suit land sold to subsequent transferee by defendant - Suit for....