Agreement executed only as a security for loan transaction not intended to be a sale agreement - Intention of parties not for sale - Attestor to instrument deposed agreement was only intended to be a security for loan transaction- No legal bar to plead that the agreement was not intended to be a sale agreement.

Citation

2017-3-L.W. 493

IN THE HIGH COURT OF JUDICATURE AT MADRAS

24.02.2017/A.S.No.240 of 2011

R.Subramanian, J.

G.Selvamani & others.   ... Appellants

Vs

N.Raghunathan.             ... Respondent

Specific Performance/Refund of advance, sale agreement, evidence to the contrary, scope

Evidence act, Section 92, registered instrument, contrary evidence

held: Agreement executed only as a security for loan transaction not intended to be a sale agreement - Intention of parties not for sale Attestor to instrument deposed agreement was only intended to be a security for loan transaction- No legal bar to plead that the agreement was not intended to be a sale agreement - 2007-1-L.W. 309 referred to- 

suit for specific performance based on agreement dismissed.            Para 15