In Brief
The case involved a dispute over property where the question was whether a transaction constituted a mortgage by conditional sale despite the condition being in a separate document rather than in the original sale deed. The Supreme Court held that Section 37A of the Bengal Money-Lenders Act, 1940 validly overrides the proviso to Section 58(c) of the Transfer of Property Act, allowing such transactions to be recognised as mortgages. Although technically inconsistent with Central legislation, Section 37A was upheld under Article 254(2) as it relates to the concurrent subject of Transfer of Property and had received presidential assent. The appellants' ejectment suit was dismissed.
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