https://www.taxtmi.com/caselaws?id=188247 A sale deed coupled with a separate contemporaneous agreement for reconveyance was held not to constitute a mortgage by conditional sale because Section 58(c) of the Transfer of Property Act requires the condition of reconveyance to be embedded in the same instrument that effects the sale. The absolute sale deed transferred title outright, and the separate agreement could not alter its legal character. Permission to deposit money under Section 83 of the Transfer of Property Act was procedural only and did not finally determine the existence of a mortgage, so it did not operate as res judicata. The High Court was also held not justified in disturbing concurrent findings in second appeal under Section 100 of the Code of Civil Procedure. en-us Fri, 24 Feb 2006 00:00:00 +0530 Tue, 19 Mar 2024 17:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=188247 A sale deed coupled with a separate contemporaneous agreement for reconveyance was held not to constitute a mortgage by conditional sale because Section 58(c) of the Transfer of Property Act requires the condition of reconveyance to be embedded in the same instrument that effects the sale. The absolute sale deed transferred title outright, and the separate agreement could not alter its legal character. Permission to deposit money under Section 83 of the Transfer of Property Act was procedural only and did not finally determine the existence of a mortgage, so it did not operate as res judicata. The High Court was also held not justified in disturbing concurrent findings in second appeal under Section 100 of the Code of Civil Procedure. Case-Laws Indian Laws Fri, 24 Feb 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=188247