Transfer of Property Act, 1882–Sec. 58(c)–Whether the agreement is mortgage by conditional sale or a sale with option to repurchase ?–Conclusion of–Agreement is styled as a sale deed for a consideration of Rs. 700/- but an ostensible sale, containing a clause for reconveyance–It revealing that the land was to be returned subject to repayment of amount in any year during the period of ten years–Defendants were aware of the limited nature of right conveyed–Further, the value of land was 3500/-, far in excess of amount of Rs. 700/- mentioned in agreement–Held, agreement in question is held mortgage by conditional sale.
