Kintalli v. Manjit
Case brief
What is this about?
The dispute concerned whether a land transfer was a mortgage by conditional sale or an outright sale with a repurchase condition. The Court held it was a mortgage by conditional sale, maintained the redemption decree with its stipulations, and dismissed the second appeal with costs throughout.
What did the court decide?
Costs throughout.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
S.A. NO.184 OF 1988
In the matter of an appeal under Section-100 of the Code of Civil Procedure has assailed the judgment and decree passed by the learned Addl. District Judge, Jeypore, in Title Appeal Nos.21 of 1986 & 12 of 1986 by confirming the judgment and decree passed by the learned SubOrdinate Judge, Gunupur. The other suit i.e. T.S. No.21 of 1982.
Kintali Biswanatham (Since Dead) ::: Appellant through his LRs
-versus-
Manjit Kaur (Since Dead) through ::: Respondents her LRs. And Others.
Appeared in this case by Hybrid Arrangement (virtual/physical mode)
================================================= For Appellant :::: M/s. N.C. Pati, B.K. Swain, B. Das, Advocate. For Respondents - M/s. A. Pal & associates, Advocates.
CORAM: MR. JUSTICE D.DASH
Issues for consideration
1 issue framed by the court
Was the transaction under Ext.A a mortgage by conditional sale rather than an outright sale with a condition to repurchase?
Parties & counsel
- appellant
Kintali Biswanatham (Since Dead) through his LRs
- respondent
Manjit Kaur (Since Dead) through her LRs
- respondent
Jagjit Singh
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court