Reviewed case brief

Balkishen Das v. Legge

(1899) 22 All 149

## Summary

property-lawTPAsection-58conditional-salesubstance-over-formlandmark
Court
Allahabad High Court
Year
1899
Subjects
Property Law
Reviewed
2026-06-30

Rule established

Courts look behind the form to the substance; a conditional sale intended as security for a debt is a mortgage, not a sale

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        Mulla TPA 13th ed.

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.