DHARMAJI SHANKAR SHINDE vs RAJARAM SHRIPAD JOSHI (DEAD) THROUGH LRS.

The Supreme Court upheld the decision of the first Appellate Court that Ex.P-73 constitutes a 'mortgage by conditional sale' under the Transfer of Property Act, allowing the respondents-plaintiffs to redeem the property upon payment of the balance amount. The Court clarified that the conditions of the mortgage were not fulfilled by the appellants-defendants, thus affirming the plaintiffs' right to reclaim possession. The judgment of the High Court dismissing the Second Appeal was therefore upheld, confirming the entitlement of the respondents to redeem the property.