...Order1. Leave granted.2. The appellants laid the suit for specific performance of the agreement of reconveyance dated 30-8-1967. Application unde...Court of Andhra Pradesh confirmed the same holding that in the original plaint the suit was for specific performance and the reconveyance was not incorporated in the sale deed and that, therefore, the amendment was...a document for reconveyance were single transactions, viz., mortgage by conditional sale. In paragraph 9, they wanted alternative relief to...

...filed the above suit against the defendants for specific performance of the agreement of reconveyance dated 23-4-1975 in respect of the scheduled property and alternatively to declare that the sale ...dated 23-4-1975 in favour of the defendants for a sale consideration of Rs 35,000 by receiving Rs 6000, the difference in the sale price. It was alleged that the sale deed was executed as a securi...them to the plaintiff. After the expiry of five years and the defendants having received the sum of Rs 35,000 advanced by them, the plaintiff demanded that the defendants execute a reconveyance deed in terms ...

.... Nanjalingiah Gowder herein after referred to at; the plaintiff-borrowed Rs. 1,500/- from K. Simrathmull-hereinafter called the defendant. On February 19, 1948 the plaintiff executed a sale deed conveying to the defendant certain l...appeal But in second appeal the High Court of Madras reversed the decree and ordered specific performance. The sale deed. the deed of reconveyance Ext. A-1 and ...Rent Note Ext. B-1 were undoubtedly parts of the same transaction. The plea of the plaintiff that the sale deed Ext. A-1 constituted a transaction of mortgage by conditional sale is inadmissible, ...

...-in-title of the defendants. By way of security for the loan advanced, a registered sale deed was executed on 5-5-1953 with a contemporaneous oral agreement that on return of the borrowed sum with interest...oral promise to execute a registered reconveyance deed in favour of the plaintiffs. In para 9 of the plaint a statement was made to the effect that in respect of the registered sale deed ..., relief of declaring the registered sale deed dated 5-5-1953 to be a loan transaction and second relief of specific performance of oral agreement of reconveyance of the property...

...sale deeds dated 24-4-1968 and 20-7-1968 executed by the respondent transferring the schedule property. On the later date, i.e, 20-7-1968, an agreement of reconveyance was also executed by the appellant with a stipulation t...time is the essence of contract. The deed of reconveyance stipulates eight years' period from the date of execution of the sale deed and since the respondent had not obtained ...appellant, contended that in view of the specific recital in the deed of reconveyance that the respondent had to have the reconveyance executed within eight years from 20-7-1968 and since she had not had t...

...delivered the possession to him. In pursuance of the said sale deed dated 24-4-1986, the respondent is in possession of the suit land.3. The appellant subsequently served a legal notice u..., Mulbagal, seeking the relief of specific performance. The said suit was contested by the respondent contending that there was an absolute sale deed in his favour and it was not a conditional sale deed, t...appearing for the respondent, has vehemently opposed the appeal contending that the sale deed in favour of the respondent was an absolute sale deed and it is not a conditional sale deed. ...

...constable had advanced the money on the condition that she would execute the sale deed in favour of his minor son, i.e, the respondent. Accordingly, she executed the sale deed with an agreement of...and circumstances of this case. It is seen that the appellant's mother is the owner of the property. She had obtained loan from the respondent and executed the sale deed with an agreement of ...the father of the respondent had obtained the sale deed in the name of the minor, obviously he is bound by the agreement of reconveyance as well. Having received the money, he had not executed...

...defendant. The suit was filed by the plaintiff-appellant seeking reconveyance of the property covered by the sale deed dated 15-7-1964 executed by the plaintiff in favour of the defendant and requiring...seek reconveyance within 5 years of the sale deed.4. On the said application, the said Court passed the following order on 22-11-1963:“I have heard...date of the sale deed. But the creditor refused to do so by his reply notice dated 22-7-1968. The debtor then filed the present suit on 6-10-1969 for specific performance of the reconveyance agreement...

...with the petitioner, that the petitioner has filed two suits in O.S.Nos.216 of 2013 and 221 of 2013 for reconveyance of sale deed in the name of the petitioner and are pending on the file...against the said persons, that the said Bharakath Nisha and Kalifullah have taken the original document filed before the Court and made use of the same as previous document and executed sale deed in favour...subsequently, he filed two suits in O.S.Nos.216 of 2013 and 221 of 2013 for reconveyance and the same are pending on the file of the District Munsif Court, Thiruvaiyaru. It is the further case of the...

...licence and the period of repayment was large, the parties agreed that the respondents would execute a deed of mortgage by way of conditional sale; but the said document was termed as a deed ...to be incorporated. However, such condition having mistakenly been not mentioned in the deed of sale and which having been noticed, the first appellant entered into an agreement of reconveyance of...:“Accordingly to the conditions in the agreement the plaintiff was and is ready to pay the amount to the defendant. And also the plaintiff is and was ready to bear the cost of reconveyance ...

....2. The first petitioner is a purchaser from the respondent of the land under registered sale deed dated 10-3-1975 with a contemporaneous agreement of reconveyance to the respond...in his office register on 9-3-1977. Though the respondents tried to reach out the petitioners on 10-3-1977 the petitioners intentionally avoided to execute the sale deed in their favour. Consequently, their efforts to have the prope.... Ultimately, when the petitioners had agreed to have the sale deed executed and get it registered in the office of the Sub-Registrar at Muzaffarnagar on 9-3-1977, the respondents kept waiting on that date...

...: 1960 AIR 301 1960 SCR (2) 117 ACT: Mortgage-Deed-Construction--Mortgage by conditional sale -Sale with a clause for repurchase-Distinction between- Intention ...the transferors failed to comply with the transferees' request to take back the properties a breach of agreement of reconveyance rendering the transferors liable to pay damages shall be committed. There ...price till the date of reconveyance. In a suit for redemption brought by the transferors on August 26, 1943, on the footing that the deed dated September 10, 1931, was A, mort- gage by conditional sale, the...

...earlier, the trial court is directed to have the deed of reconveyance executed in terms of the sale deed dated 21-2-1969. In that event, the appellant is entitled to the costs of the exec...the cost of the stamp duty and registration fee of the sale deed.9. The appeal is accordingly allowed. But, in the circumstances, without costs....contemporaneous agreement of reconveyance for a consideration of Rs 4000. The appellant had filed the suit on 7-4-1975 for specific performance of reconveyance of the property. The courts below ha...

...reconveyance of sale-deed of suit property 1A and 1B from the defendant No.1 to 4 as asked. In the result of this discussion, I have given my negative findings to the issues No.1 to 3.... 22. Perusal of the prayers made by respondent no.5 in Special Civil Suit No.20/2012 shows that he sought the relief of reconveyance of the lands after return of the am...transaction. While the petitioner has considered the transaction as a sale deed, respondent no.5 assumes the same as mortgage by conditional sale. 4. It is a case of...

..., being in need of money, approached the respondents. On negotiations having been held in that behalf by and between the parties, a deed of sale was executed by the appellants in favour of the respondents ..., however, rejected the contention of the respondents that time was of the essence of contract. The appeal was allowed, stating:“To sum up, the agreement of reconveyance (E...court of law.5. Mr Chinmoy Khaladkar, the learned counsel appearing on behalf of the appellants, would submit that keeping in view the fact that the deed of sale was executed ...

...reconvey the land in suit in favour of the plaintiff. The plaintiff has sought the specific performance of the said condition as his request to the defendants to execute the deed of reconveyance to the def...sale deed dated 10.5.1985 is admitted vide para 6 of the written statement with the rider that it was outright sale deed. In para 7 of the written statement only this much has been stated that the...issues. It has come to the conclusion that the condition of reconveyance in the sale deed is a valid condition, there is no defect in the plaint for want of compliance of Forms 47 and 48 ...

...reconveyance and, therefore, during the pendency of the suit, the defendant was restrained from alienating the property. 2. The facts are not in dispute. The plaintiff was the owner of the sch...transaction. Therefore, on the very day, the defendant executed an agreement of reconveyance. 2 Subsequently, one more agreement of ...counsel for the petitioner assailing the impugned order contended that, if really there was a deed of reconveyance, the same should have found place in the sale deed; no consideration is paid. The...

...High Court took the view that whenever a sale deed was accompanied by a document for reconveyance of the property sold, the transaction between the parties would amount to a mortgage, subject to the...deed itself. That is not so in the instant case. The sale deed executed by the plaintiff in the instant case does not embody any condition like the one referred to in clause (c) of Section 58 extracted above....plaintiff sought to invoke the equitable jurisdiction of the Court to give him relief against the forfeiture clause. This Court held that the sale deed and the deed of conveyance and rent were no doubt par...

...had therefore borrowed a sum of Rs 2000 from the predecessor-in-title of the defendants. Only by way of security for the loan advanced, a registered sale deed had been executed on 5-5-1953 with a contempor...registered sale deed dated 5-5-1953 was returned to the first plaintiff with an oral promise by the defendants to execute the registered document in favour of the plaintiff borrower. On reading of all the averments...declaring the registered sale deed dated 5-5-1953 to be a loan transaction and second relief of specific performance of oral agreement of reconveyance of property by registered document o...

...that in the Isar pawati (agreement of sale) dated 14-12-1989, condition of reconveyance was recited. If in the agreement of ... mentioned. The condition of reconveyance on repayment of loan is not mentioned in the ...15-03-1989 (Ex.89). There is also no evidence as to why in the sale-deed ex.89 the said condition of reconveyance is not embodied. The court has...