Transfer of Property Act, 1882–Sec. 58(c)–Whether the document in question is a mortgage by con- ditional sale or a sale with a condition to repurchase ?–Document in question is styled as a deed of conditional sale and containing the condition that the defendant no. 1 will be allowed to remain in possession of the suit property for five years and enjoy the fruits of the land and that during this period, the plaintiff will be entitled to get the suit property re-conveyed in his name on paying Rs. 1,500/- by getting the sale deed executed in his name–Plaintiff offered to pay Rs. 1,500/- –Held, document in question was a deed of conditional sale–Suit was rightly decreed by trial Court as well
as High Court.
