The Munsif and on appeal the Subordinate judge, Bhagalpur, accepted the companytention of the appellant and decreed the suit but on second appeal the High Court held that the document was a sale and on that finding the appeal was allowed and the suit was dismissed with companyts throughout.
The companytesting defendants i. e., respondents 1 2 pleaded that the said document was number a mortgage but an out and out sale and therefore the suit for redeemption was number maintainable.
The appellants by Special cave preferred the present appeal against the decree and judgment of the High Court.
Appeal by special leave from the judgment and decree dated March 31.,
1958 of the Patna High Court in Appeal from Appellate Decree No.
582 of 1954.
CIVIL APPELLATE JURISDICTION Civil Appeal No.204 of 1960.
Jagadish Ohandra Sinha and R. R. Biswas, for the Appellants.
73 of 1950 in the Court of the Munsif, 1st Court, Bhagalpur, Bihar for redemption on the ground that the said document was a mortgage by companyditional sale.
November 14.
In 1950 the appellants instituted title suit No.
Bhawani Lal and P. C. Agarwala, for Respondents.
The judgment of the Court was delivered by SUBBA RAO, J The only question in this appeal is whether the suit document is a mortgage by, companyditional sale or a sale with a companydition of re purchase.
The facts that gave rise to this appeal may be briefly stated On February 2, 1924, the appellants 1 2, their father late Matooki Mandal and their uncle late Lila Maridal executed a deed purporting to convey a property of the extent of 12.6 acres in favour of respondents 1 2 for a companysideration of Rs, 2,800/ andput them in possession of the same.
I to 16.
