Reviewed case brief
Pandit Chunchun Jha v Ebadat Ali
AIR 1954 SC 345
The test for distinguishing a mortgage by conditional sale (S.58(b)) from a genuine sale with repurchase option is the REAL INTENTION: if a debtor-creditor relationship exists and reconveyance is conditional on repayment, it is a mortgage regardless of the document's label.
- Court
- Supreme Court of India
- Year
- 1954
- Subjects
- Property Law
- Reviewed
- 2026-06-30
Rule established
Test for distinguishing mortgage by conditional sale from genuine sale: real intention of parties; existence of debtor-creditor relationship
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
AIR 1954 SC 345
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.