...Order1. Leave granted.2. The appellants laid the suit for specific performance of the agreement of reconveyance dated 30-8-1967. Application under Order 6 Rule 17 of Code of Civil Procedure, 1908 was filed seeking amendment of the plaint by incorporating averments in paragraph 3 thereof. Thus the appellants pleaded that the transactions of execution of sale deed and...High 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 not warranted. Amendment would change the nature of the suit as well as cause of action.3. We called upon the appellant to produce original agreement of reconveyance. We...a document for reconveyance were single transactions, viz., mortgage by conditional sale. In paragraph 9, they wanted alternative...

...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 deed dated 23-4-1975 executed by...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 security for the amount advanced by the defendants. It was contended that the defendants executed an agreement of reconveyance in...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 of the agreement of reconveyance dated 23-4-1975. However, the defendants have failed to execute the sale deed...

...plaintiff executed a sale deed conveying to the defendant certain land at Ootacamund together with a house standing thereon and belonging to him for Rs. 700/-. Two other documents were executed on the same day : (1) a deed of reconveyance (Ext...deed. the deed of reconveyance Ext. A-1 and the 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, because the sale deed and the covenant for reconveyance are...deed was for Rs.700/-. it was in satisfaction of the loan borrowed on February 18, 1948 for Rs. 1500/- that the sale deed was executed. By the deed Ext. A-1 the defendant gave plaintiff a concession: he agreed to reconvey the house, but the exercise of the right of demanding reconveyance by...

...predecessor-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 payable thereon @ 6% per annum, the registered reconveyance deed...an 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 of 1953...averments, 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 by registered...

...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 that in the event of the respondent repaying Rs 5000 within eight years from that date in one lump sum, she would be entitled to have the sale deed executed...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 reconveyance within that...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 the conveyance executed, the suit is barred by limitation. We find no force in the contention.6. It is settled law that unless the deed of agreement of sale stipulated...

...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 upon the respondent in the year 1991-1992 demanding the reconveyance of..., 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, the term of reconveyance had...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. The word “avadhi” was inserted in the margin of the said deed at three places and a term of reconveyance within...

...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 reconveyance which...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 reconveyance. When...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...the 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 of the...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...

....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 respondent within a...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 property reconveyed failed. So, they laid the suit for specific performance of the agreement. The petitioners pleaded that though they had executed agreement of reconveyance, the.... 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...

...not possess a moneylender's 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 of sale wherein a clause of reconveyance was...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 deed. According to the agreement the plaintiff is and was ready to prepare the reconveyance deed.…”5. In the said suit, the plaintiff-respondents prayed for the following reliefs:“(a) Defendant 1 be ordered to prepare the sale deed...

...: 1960 AIR 301 1960 SCR (2) 117 ACT: Mortgage-Deed-Construction--Mortgage by conditional sale -Sale with a clause for repurchase-Distinction between- Intention of the parties- Contemporaneous conduct- -Surrounding circumstances-Time fixed for reconveyance- Whether essence of the contract. HEADNOTE: A deed dated...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 was also a clause that the transferors shall lose the right of getting a reconveyance after the expiry of the period of 5 years. On the same date as the deed of sale the...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 execution and also...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 had...

...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 amount of Rs.3,00,000/- + Rs.3,00,000/-. He further sought declaration to the effect that deed dated 13.11.2009 executed by him was in the nature of mortgage by conditional sale. These...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 on 29-11-1966 for a sum of Rs 6000. However, the said deed was registered on 17-12-1966. On the same day an agreement of reconveyance was..., 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 (Exhibit 31) was the part and parcel of the agreement of sale evidenced by the sale deed (Exhibit....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 on 29-11-1966, and the agreement of reconveyance was...

...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 defendants yielded no result. It was further pleaded that the plaintiff has even tendered Rs. 40,000 to them and requested them to execute the deed of reconveyance but the defendants always avoided the execution of the sale deed...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 condition of return of the is illegal and ineffective. In para 9 thereof it was stated that the condition of reconveyance is...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 of Schedule A...

...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 schedule property. He executed a registered sale deed in...transaction. Therefore, on the very day, the defendant executed an agreement of reconveyance. 2 Subsequently, one more agreement of reconveyance was executed on 27.12.2007. When the defendant refused to execute the sale deed, the...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...

...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 condition that...payment of the mortgage money as a condition for transfer of the property to the seller must be embodied in the sale 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.17. The broad statement of law made by the High Court to the effect that every sale accompanied by an agreement for reconveyance of.... In a suit for specific performance the 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 parts of the same transaction yet the transaction did not constitute a mortgage by conditional sale.18. This Court in K. Simrathmull case AIR 1963 SC 1182 observed: (AIR p. 1183, para 4)“4. The sale deed, the deed of reconveyance Ext...

...incurred some debts and 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 contemporaneous oral agreement that on return of the borrowed sum with interest payable thereon @ 6% per annum a registered reconveyance deed...defendants and the original 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 of the plaint, it appeared that the cause of action for obtaining a registered reconveyance deed...the plaint, 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 property by registered...

...that in the Isar pawati (agreement of sale) dated 14-12-1989, condition of reconveyance was recited. If in the agreement of sale dated 14-12-1988 recital about reconveyance was embodied then in the sale-deed ex... mentioned. The condition of reconveyance on repayment of loan is not mentioned in the sale-deed dated...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...