E MOHAMMED Vs. VELAYUDHAN

JUDGEMENT

(1.) The plaintiff in OS No. 118/80 on the file of the Munsiff's Court, Manjeri is the appellant herein. The suit is filed by the appellant claiming redemption of a mortgage by conditional sale alleged to have created by him as per the document dated 7.4.1962 executed in favour of the 1st respondent 1st defendant.

(2.) The 1st respondent has contended that the document dated 7.4.1962 executed by the appellant in his favour is not a mortgage by conditional sale and it is an outright sale with the condition to repurchase and therefore, the suit for redemption is not maintainable.

(3.) The Trial Court after trial found that the document dated 7.4.1962 marked as Ext. A1 in the suit is not a mortgage deed as contended by the appellant and dismissed the suit with costs. The appellant challenged the judgment and decree passed by the Trial Court before the Sub Court, Manjeri in A. S. No. 1/1984. The lower appellate court by judgment dated 19.10.1988 confirmed the judgment and decree passed by the Trial Court and dismissed the appeal. Hence the plaintiff has preferred this Second Appeal before this court.