AIR 2019 SUPREME COURT 3353 ::AIROnline 2019 SC 505 ::(2019) 2 CLR 494 (SC) ::(2019) 2 WLC(SC)CVL 521 ::(2020) 1 All RentCas 55 ::(2019) 3 CivilCourtC 836 ::2019 (7) SCC 635 ::(2019) 3 RecCivR 740 ::(2019) 9 Scale 395 ::AIR 2019 SC (Civil) 2395

Supreme Court Of India

(From: Bombay)*

Hon'ble Judge(s): R. Banumathi, A. S. Bopanna , JJ

Transfer of Property Act (4 of 1882) , S.58(c)— Mortgage by conditional sale - Suit for redemption of mortgage - Plaintiff receiving amount from defendant as consideration for land owned by him and executed sale deed in favour of defendant - Plaintiff in separate agreement agreeing to repay said amount and secure reconveyance of property - Plaintiff failed to repay amount and secure reconveyance - Sale deed becoming absolute in view of reconveyance not being affected pursuant to agreement - Cannot be treated as mortgage by conditional sale - Order of High Court decreeing suit seeking redemption of mortgage, unsustainable. From a perusal of the proviso to Section 58(c) as emphasised, it indicates that no transaction shall be deemed to be a mortgage unless the condition is embodied in the document which effects or purports to effect the sale. Therefore, any recital relating to mortgage or the transaction being in the nature of a conditional sale should be an intrinsic part of the very sale deed which will be the subject-matter. In that background, a perusal of the document at Exhibit 23, namely, the sale deed dated 10th December, 1968 would make it clear that the document does not disclose that the transaction is one of mortgage or that of a conditional sale. That apart even if the nature of the transaction is taken note of and in that context if the sale date....