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Supreme Court Of India

Hon'ble Judge(s): R. Banumathi, Indira Banerjee , JJ

Transfer of Property Act (4 of 1882) , S.58(c)— Redemption of mortgage - Plea of plaintiff that he borrowed amount of Rs.3,000/- from defendant and property was mortgaged with conditional sale as aseccurity - Material on record showing that possession of mortgaged property was handed over to defendants vesting on them absolute right to enjoy property - Document neither showing that amount of Rs.3,000/- was taken as debt or loan nor it is showing that income from mortgaged land was to be appropriated towards interest by defendant - Plaintiff not entitled to redemption of mortgage. (Para 10)