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    <title>1999 (3) TMI 655 - Supreme Court</title>
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    <description>A stranger to a registered sale deed cannot defeat title merely by alleging non-payment or inadequacy of consideration, especially where the executant admits execution and receipt; the statutory remedy is a charge for unpaid price, not invalidation of the sale. A document labelled and structured as a mortgage by conditional sale turns on the parties&#039; intention as expressed in the instrument and surrounding circumstances; on the facts stated, it remained security and did not become an absolute sale because tender within time was refused. In second appeal, concurrent findings of fact may be disturbed only if perverse or unsupported by evidence, and the High Court&#039;s reappraisal was held beyond the limits of Section 100 CPC.</description>
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    <pubDate>Wed, 17 Mar 1999 00:00:00 +0530</pubDate>
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      <title>1999 (3) TMI 655 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=272698</link>
      <description>A stranger to a registered sale deed cannot defeat title merely by alleging non-payment or inadequacy of consideration, especially where the executant admits execution and receipt; the statutory remedy is a charge for unpaid price, not invalidation of the sale. A document labelled and structured as a mortgage by conditional sale turns on the parties&#039; intention as expressed in the instrument and surrounding circumstances; on the facts stated, it remained security and did not become an absolute sale because tender within time was refused. In second appeal, concurrent findings of fact may be disturbed only if perverse or unsupported by evidence, and the High Court&#039;s reappraisal was held beyond the limits of Section 100 CPC.</description>
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      <pubDate>Wed, 17 Mar 1999 00:00:00 +0530</pubDate>
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