If the sale and agreement to repurchase are embodied in separate documents then the transaction cann...........

Transfer of Property Act Mortgage

If the sale and agreement to repurchase are embodied in separate documents then the transaction cannot be a mortgage This was laid down in

Chunchun Jha v Sheikh Ebadat Ali.

Beni Ram v Kundanlal.

Raja Kishandatt v Raja Mum/az Au.

Musahar Sahu v Hakimlal.

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Explanation:

Chunchun Jha v Sheikh Ebadat Ali.

Equivalent citations: 1954 AIR 345, 1955 SCR 174

Headnote: In  view of the provisions of the amended section 58(c) of the Transfer of Property Act, if the sale and agreement  to repurchase  are embodied in separate  documents,  then	 the transaction  cannot be a mortgage whether the documents	 are contemporaneously  executed or not.