BIBI FATIMA vs M. AHAMED HUSSAIN

The Supreme Court held that the transaction dated 02.07.1964 constituted a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, as the conditions for re-conveyance upon repayment of Rs.5,900/- were established. The Court emphasized that the intent of the parties and the nature of the transaction must be considered, ruling in favor of the Plaintiff for redemption and re-conveyance of the property. The High Court's decision to restore the Trial Court's decree was upheld, confirming the Plaintiff's right to reclaim the property.