In a pivotal ruling, the Supreme Court of India clarified that the permissive possession granted to a mortgagor does not necessarily transform a mortgage by conditional sale into a simple mortgage under Section 58(c) of the Transfer of Property Act, 1882. The bench, comprising Justice Vikram Nath and Justice Prasanna B. Varale, delivered the judgment
[Transfer of Property Act] Allowing Mortgagor to Stay in Possession Does Not Render Transaction a ‘Simple Mortgage’ Under Section 58(c): Supreme Court
