In Brief
The appellants sought to eject the respondents from a property, claiming absolute ownership following a 1959 sale deed. The respondents countered that the transaction was a mortgage by conditional sale (a loan secured by the property) under a 1959 agreement to reconvey. Though the sale deed lacked the condition for reconveyance, the respondents had a separate 1960 agreement embodying the condition. The Supreme Court held that Section 37(a) of the Bengal Money-Lenders Act, 1940 overrides the requirement under the Transfer of Property Act that such conditions be in the same document, and that Section 37(a) prevails as a concurrent subject matter with Presidential assent. The respondents' right to redeem the mortgage was upheld, and the appeal was dismissed.
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