Transaction cannot be a mortgage, unless the condition embodied effects or purports to effect the sale

Prakash (Dead) Vs G. Aradhya & Ors (Supreme Court of India) Conclusion: In present facts of the case, the Hon’ble Supreme Court observed that when in a Conveyance deed the arrangement of re-purchase was provided then the said agreement cannot be treated as a Mortgage Agreement unless the condition is embodied in the document which effects or purports to effect the sale. Facts: In present facts of the case, the appellant has filed the present appeal impugning the judgment of the High Court of Karnataka at Bangalore by which the Appeal filed by the appellant against the judgment and decree...