PADMINI AMMA Vs. GOVINDA MENON

JUDGEMENT

(1.) A question, a vexed question, to be decided on its own facts', 'dependent on the intention of the parties to be gathered from the contents of the documents and surrounding circumstances', (as pithily put by Iyengar, J. in Veeravunni Haji v. Koyamu, 1957 KLT 550 ) arises in this second appeal. The question is whether Ext. B1 transaction is an outright sale with the condition of repurchase or a mortgage by conditional sale.

(2.) The plaintiffs contended that it was such a mortgage and sought to redeem the mortgage and recover possession of the properties. The Trial Court denied the relief to the plaintiff holding that Ext B1 is a sale absolute with a condition for repurchase and not a mortgage by conditional sale. The appellate court came to a contrary conclusion and decreed the suit. The second appeal is at the instance of the defeated defendants.

(3.) Both courts have extracted the provisions of the document, analysed their contents and applied the legal principles gatherable from judicial decisions. The divergence of opinion between the two courts below only demonstrates the vexed nature of the question.