https://www.taxtmi.com/caselaws?id=200282 A sale deed accompanied by a separate agreement to reconvey could not be treated as a mortgage under the proviso to Section 58(c) of the Transfer of Property Act. The proviso was read as excluding any inquiry into whether such a transaction, when the stipulation for retransfer is not contained in the same document, can be characterised as a mortgage. The court rejected the argument that the word "deemed" permits treatment of the arrangement as any mortgage other than a mortgage by conditional sale. As the condition was in a separate document, the transaction was not a mortgage and redemption was not available. en-us Thu, 18 Dec 1952 00:00:00 +0530 Sat, 24 Mar 2018 16:49:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=200282 A sale deed accompanied by a separate agreement to reconvey could not be treated as a mortgage under the proviso to Section 58(c) of the Transfer of Property Act. The proviso was read as excluding any inquiry into whether such a transaction, when the stipulation for retransfer is not contained in the same document, can be characterised as a mortgage. The court rejected the argument that the word "deemed" permits treatment of the arrangement as any mortgage other than a mortgage by conditional sale. As the condition was in a separate document, the transaction was not a mortgage and redemption was not available. Case-Laws Indian Laws Thu, 18 Dec 1952 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=200282