In Brief
Sopan (deceased through legal representative) sued to redeem an alleged mortgage and recover land against Syed Nabi. The trial court and High Court had allowed the redemption suit. The Supreme Court examined the three contemporaneous documents and found that the transaction did not constitute a valid mortgage under Section 58(c) of the Transfer of Property Act. The Court held that the substance of the transaction, as evidenced by the documents, did not support a mortgage claim. The appeal was allowed and the plaintiff's suit was dismissed, with no costs awarded.
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