In Brief
Dharmaji Shankar Shinde and others appealed against a decree for redemption of mortgaged property. The dispute centred on whether the transaction between the parties was a mortgage by conditional sale (entitling the mortgagor to redeem) or a sale with condition to repurchase. The Supreme Court held that the burden lay on the plaintiffs to prove the receipt establishing the parties' intention. Finding the High Court's findings of fact perverse and inadequately reasoned regarding the evidence and surrounding circumstances, the Court allowed the appeal and restored the trial court's dismissal of the redemption suit, holding that the sale was not a mortgage by conditional sale.
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