SOPAN V. SYED NABI, (2019) 7 SCC 635

SOPAN V. SYED NABI, (2019) 7 SCC 635

Supreme Court reiterated that a sale with a mere condition of retransfer is not a mortgage. If the sale and agreement to repurchase are embodied in separate documents then the transactions cannot be a mortgage by conditional sale irrespective of whether the documents are the contemporaneously executed.