In Brief
The plaintiffs executed a deed in 1960 titled "conditional sale" in favour of defendants for Rs. 10,000, providing that on repayment within five years the defendants would return the property. The plaintiffs sued for redemption, claiming the deed was a mortgage. The trial court dismissed the suit, but the High Court reversed this, holding it was indeed a mortgage by conditional sale, entitling the plaintiffs to redeem on payment. The Supreme Court upheld the High Court's decision, finding the transaction reflected a lending arrangement with a debtor-creditor relationship, not a true sale. The court dismissed the defendants' appeal.
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