Vithal Tukaram Kadam And Anr. vs Vamanrao Sawalaram Bhosale And Ors.

The Supreme Court analyzed whether a deed dated 21.04.1953 constituted a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, or a sale with an option to repurchase. The High Court's reversal of the lower courts' decree was upheld, as it found no debtor-creditor relationship and determined the deed was a sale deed with an option to repurchase, which was not exercised within the stipulated period. The Court emphasized that the nature of such documents must be assessed based on the specific facts, recitals, and intentions of the parties involved.