Law: Specific Relief Act, 1877

Section: 12,22,42

Law: Transfer of Property Act, 1882

Section: 58,54,67

Law: Contract Act, 1872

Section: 10

Law: Limitation Act, 1908

Section: 113

[Specific Relief Act (I of 1877)].......S 12---Limitation Act (IX of 1908), Art.113---Specific performance of agreement to sell---Limitation--- Computation--­Agreement, according to its terms was to be performed after obtaining Permanent Transfer Deed and notice through registered post was to be issued after obtaining Permanent Transfer Deed for execution of sale-deed---Nothing was placed on record to show the date of issuance of Permanent Transfer Deed---Suit was not barred by time in the absence of such notice. (b) Transfer of Property Act (IV of 1882)--- ----S. 58---Mortgage---Pre-conditions---Tran­saction cannot amount to a mortgage by conditional sale unless the same fulfils the conditions of S.58 of Transfer of Property Act, 1882---Sale is made a mortgage, if the mortgagor ostensibly sells the mortgaged property on conditions that on certain date the sale shall become absolute or that on such payment being made the sale shall become void or that on transfer of property to seller, the transaction, though in the garb of a sale, is in the eye of the law, a mortgage by conditional sale---Sale with an independent covenant for repurchase has a resemblance to the class of ostensible sales---Where a mortgagor has ostensibly sold his property on condition that on payment of the mortgage money, under S.58 of Transfer of Property Act, 1882, the buyer can transfer the property to the seller, the transaction is a mortgage by conditional sale---In an agreement if none of the conditions has been fulfilled, such agreement is sale and not a mortgage by conditional sale. AIR 1927 All. 321 rel. (c) Specific Relief Act (I of 1877)--- ----Ss. 12 & 22---Transfer of Property Act (IV of 1882), Ss.54, 58 & 67---Contract Act (IX of 1872), S.10 --- Qanun-e-Shahadat (10 of 1984), Arts. 72 & 79---Specifc performance of agreement to sell--Redemption of mortgage property---Document whether a sale or mortgage---Proof---Failure to produce two marginal witnesses---Suit property was initially mortgaged vide registered mortgaged deed by the predecessor-in-interest of the plaintiffs in favour of the predecessor-in-­interest of defendants---Suit for redemption of mortgaged…

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