In the above issue was once again discussed and the decision of the Hon'ble Supreme Court in Chunchun Jha vs. Ebadat Ali and Another, AIR 1954 SC 345 was upheld. In Chunchun Jha’s case (supra), this Court examined this very question as to what constitutes “a mortgage by conditional sale or a sale out and out with a condition of repurchase“. 23) The learned Judge, Vivian Bose J., in his distinctive style of writing speaking for the Bench posed the question as under: “This is a plaintiff’s appeal in a suit for redemption of what the plaintiff calls a mortgage dated 15-4-1930. The only question for determination is whether this is a mortgage by conditional sale or a sale out and out with a condition of repurchase. If the former the plaintiff succeeds. If the latter he is out of Court.” 24) His Lordship then examined the question in the context of several leading English authorities on the subject and Section 58(c) of the T.P. Act and laid down the following test for deciding the...