Vanchalabai Raghunath Ithape th. LRs. vs. Shankarrao Baburao Bhilare th. LRs. & Ors. (SC)

Transfer of Property Act, 1882–Sec. 58(c)–Mortgage by the conditional sale–Essential conditions–Mortgager ostensibly sells the mortgaged property on the condition that on such payment being made the buyer shall transfer the property to the seller–Although there is a presumption that the transaction is a mortgage by conditional sale in cases where the whole transaction is in one document, merely because of a term incorporated in the same document, it cannot always be accepted that the transaction agreed between the parties was a mortgage transaction.