Aziman Bibi and Another vs Amir Ali and Others

W. Comer Petheram, C.J.—The sole question in this case is, whether this deed of conditional sale included a transfer of an interest hi the property, and reference need only be made to Section 58 of the Transfer of Property Act, which defines every mortgage as including a tranfer of an interest in the property hypothecated for the purpose of a security. A deed of conditional sale of this kind is a mortgage, and some interest in the property is transferred. This is sufficient to let in the right of pre-emption, and it is not necessary that there should be a transfer of possession. On this point we hold that the recent decision of the Full Bench in Sheoratan Kuar v. Mahipal Knar ante p. 258 is binding upon us, and the result is that this appeal must be allowed with costs.