Leela Agrawal Vs Sarkar 2024 INSC 946 – S 58(c) TP Act – Mortgage By Conditional Sale

Transfer of Property Act – Section 58(c) -The ingredients of a mortgage by conditional sale under Section 58(c) of the Act are as follows: (i) The mortgagor ostensibly sells the mortgaged property to the mortgagee. (ii) Such ostensible sale is subject to any one of the following conditions: • On default of payment of the mortgage- money on a certain date, the sale shall become absolute; or • On payment of the mortgage-money on a certain date, the sale shall become void; – The use of the term “mortgage with condition to sell” and references to the mortgagee as “mortgagee with condition purchaser” indicate that the mortgagor ostensibly sold the property to the mortgagee, satisfying the first ingredient- The permissive possession of the suit land by the plaintiff does not negate the nature of the transaction. (Para 14-27)