The First Appellate Court reversed the judgment of the Trial Court by holding that Exhibit P 1 was a sale deed and number a mortgage by companyditional sale.
The suit filed by Vijaya Bank was decreed.
The Trial Court held that the transaction companyered by document Exhibit P 1 dated 02.07.1964 was a mortgage by companyditional sale and decreed the suit.
The First Appellate Court held that Ummar Saheb sold the property to the first Defendant to clear his debts.
190 of 1961 and another sum of Rs.
It was stated therein that he needed the money for repayment of his debts which were to the tune of Rs.5,900/ .
He approached his son in law, the first Defendant and took Rs.5,900/ for which he executed a document on 02.07.1964, which was exhibited as P 1 in the suit.
The High Court reversed the judgment of the first Appellate Court and restored the judgment of the Trial Court in favour of the first Respondent Plaintiff.
After appreciating the evidence on record, the Trial Court accepted the case of the Plaintiff and held that the companydition of re conveyance of the property on payment of Rs.5,900/ by Ummar Saheb created a relationship of debtor and creditor between him and the first Defendant.
The First Appellate Court further held that the amount of companysideration shown in the sale deed was at par with the market price at the relevant time.
It was also held that the possession of Ummar Saheb was pursuant to a rental agreement.
Hence, this appeal.
The Appeal filed by the Appellant first Defendant in the suit was allowed and the judgment and decree of the Trial Court were set aside.
Ummer Saheb died on 17.07.1978.
In the execution petition filed by the Bank, the land and building belonging to Ummar Saheb were brought to sale.
The suit schedule property was sold to the first Defendant who was given an absolute right to enjoy the property and the income realised therefrom.
Amongst others, the Trial Court framed an issue as to whether the transaction companyered by the document dated 02.07.1964 is a mortgage by companyditional sale or an outright sale.
Thereafter, the Plaintiff requested for re conveyance of the property which was the subject matter of the document dated 02.07.1964.
1323/ to pay off the debts arisen on account of the legal necessities of the family.
The breakup of Rs.5,900/ was also given in the document as Rs.4,577/ for payment to the Bank and Rs.1,323/ for clearing other debts.
For the sake of companyvenience, the parties will be referred to as they were arrayed before the Trial Court.
The father of the Signature Not Verified Plaintiff, Mavada Mokthesar Ummar Saheb hereinafter referred Digitally signed by NEETU KHAJURIA Date 2017.08.01 175724 IST Reason to as Ummar Saheb , obtained a loan from Vijaya Bank and defaulted in repayment of the loan.
NAGESWARA RAO, J. The first Respondent Plaintiff filed a suit for redemption of a mortgage and for re conveyance of the suit schedule property which was decreed.
