MUSHIR MOHAMMED KHAN (DEAD) vs SMT. SAJEDA BANO .

The Supreme Court held that the transaction between Habibur Rehman and Mushir Mohammed Khan should be treated as a mortgage rather than an outright sale. The Court emphasized that the condition of re-conveyance, although in a separate document, indicated the true nature of the transaction as securing a loan of Rs.1,000/- against the property. The High Court's judgment was upheld, affirming that the plaintiff's continuous possession and investment in the property supported the mortgage characterization under the Transfer of Property Act, 1882.