Sweta Shoumya R R, BBA LLB (Hons.), School of Law, Christ (Deemed to be University)
ABSTRACT
Property disputes make up a huge chuck of the cases filed in courts at any level. In the recent past, the apex court has reaffirmed the precedents of the current case and has explained the difference between a ‘mortgage by conditional sale’ and a ‘sale with option to repurchase’.
Title – Patel Ravjibhai Bhulabhai (D) Thr. Lrs. v. Rahemanbhai M. Shaikh (D) Thr. Lr. & Ors
Bench and quorum – Division bench consisting of Justice Ranjan Gogoi and Justice Prafulla C. Pant
Procedural history:
The current appeal is directed against the judgement passed by the High Court of Gujarat where the court had previously reversed the judgements given by the two courts below.
Facts:
The respondents in this appeal were the original plaintiffs, namely, Shaikh Rahemanbhai Mohamadbhai (since died) and Shaikh Ismailbhai Mohamadbhai, before the trial court. They had executed a deed in favour of the original defendants, now appellants, Patel Ravjibhai Bhulabhai (since died) and Patel Dahyabhai Bhulabhai. This deed was titled as ‘conditional sale’.
