AIR 2017 SUPREME COURT 5046 ::AIROnline 2018 SC 885 ::AIR 2018 SC (Civil) 140 ::(2018) 3 CalLT 30 ::(2018) 127 All LR 743 ::(2018) 1 Cal HN 71 ::(2018) 125 Cut LT 225 ::(2018) 1 ICC 680 ::(2018) 1 AndhLD 38 ::(2018) 184 AllIndCas 153 (SC)

Supreme Court Of India

Hon'ble Judge(s): Ranjan Gogoi, Navin Sinha , JJ

Transfer of Property Act (4 of 1882) , S.60, S.58(c)— Suit for redemption of mortgage - Maintainability - Original document clearly revealing that it is styled as sale deed and not evince creation of debtor and creditor relationship - Mere incorporation of option to re-purchase in document not makes it mortgage by conditional sale - Suit not maintainable. (Para 7 8)