In Brief
The appellants sought to redeem a property mortgaged to the respondent in 1975 for Rs. 3,000, claiming the deed was a mortgage by conditional sale. The trial court held it was a sale with condition to repurchase; the first appeal reversed this; the High Court restored the trial court's decision. The Supreme Court affirmed that the deed's recitals, which transferred absolute interest and vesting rights to the respondent without any provision for income appropriation towards interest, clearly showed it was a sale with condition to repurchase, not a mortgage by conditional sale. Oral evidence could not contradict these written recitals. Appeal dismissed.
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