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Sale deed - Intention of the parties to be gathered from the language of the deed

In Ramvilas (Dead) Thr. Lrs. Vs. Karim Khan, the question before the Hon'ble Supreme Court of India was whether whenever a conveyance of the property by a Sale Deed is accompanied by a separate document, it has to be taken as re-conveyance and it was not a mortgage. The Hon'ble court held that in Bhaskar Waman Joshi (D) and Ors. v. Shrinarayan Rambilas Agarwal, this Court has succinctly considered the question as to whether a transaction ostensibly of a sale may be regarded as a mortgage and held that it is one of intention of the parties to be gathered from the language of the deed interpreted in the light of the surrounding circumstances.

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