The appellantsplaintiff s filed the suit for redemption of the Signature Not Verified mortgage alleging that the document Exhibit P 33 was a Digitally signed by MADHU BALA Date 2019.01.24 153538 IST Reason mortgage by companyditional sale and number a sale with companydition for reconveyance.
The Trial Court dismissed the suit holding that the document Exhibit P 33 was number a mortgage with companyditional sale but a sale deed with companydition for repurchase.
360 of 1988 passed by the High Court of Bombay, Nagpur Bench, in and by which the High Court reversed the judgment of the First Appellate Court holding that the Exhibit P 33/document in question was a sale with companydition to repurchase.
The case of the appellants plaintiff s is that an amount of Rs.3,000/ was borrowed from the respondent and in security the property was mortgaged under Exhibit P 33 15.02.1975 with companydition that if the amount is paid on or before 15.03.1980, the property can be redeemed.
