https://www.taxtmi.com/caselaws?id=298068 The text explains that, under Section 58(c) of the Transfer of Property Act, a deed must be read as a whole to determine whether it is a mortgage by conditional sale or an absolute sale with a right of repurchase. It notes that a fixed repurchase term, transfer of possession, acknowledgment of consideration, and absence of a debtor-creditor relationship are relevant indicators pointing toward a sale arrangement rather than a mortgage security. It also discusses appellate procedure under Order 41 Rules 22 and 33 CPC, stating that a party supporting an otherwise favourable decree may challenge an adverse finding without filing a separate appeal where the appellate court can grant appropriate relief. en-us Thu, 18 Dec 2008 00:00:00 +0530 Fri, 08 Oct 2021 15:00:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298068 The text explains that, under Section 58(c) of the Transfer of Property Act, a deed must be read as a whole to determine whether it is a mortgage by conditional sale or an absolute sale with a right of repurchase. It notes that a fixed repurchase term, transfer of possession, acknowledgment of consideration, and absence of a debtor-creditor relationship are relevant indicators pointing toward a sale arrangement rather than a mortgage security. It also discusses appellate procedure under Order 41 Rules 22 and 33 CPC, stating that a party supporting an otherwise favourable decree may challenge an adverse finding without filing a separate appeal where the appellate court can grant appropriate relief. Case-Laws Indian Laws Thu, 18 Dec 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298068