DRAVIA JESU Vs. JAYARAMAN

JUDGEMENT

(1.) This is an Appeal, which raises the vexed question yet again, whether the document under which, the parties are litigating before the Court, is a mortgage by conditional sale or a sale with a condition to re-purchase.

(2.) The relationship between the parties seem to have been cordial enough for the Respondent to receive amounts from the Appellant to repay his loans. The Respondent was an Employee of Anglo French Textiles, which had to be locked down some time in 1984. The Respondent was living in the said house with his wife and two daughters and was mired in debt. At that time, he entered into an Agreement of Sale, dtd. 3/12/1984, agreeing to alienate the property, in which he was residing for a sum of Rs.20,750..00 Even under the said document, the word that was used was "

(3.) The Trial Court interpreted the document as a sale with a condition of repurchase. The Lower Appellate Court had taken opposite view. Against this reversing findings, the Defendant in the Suit has presented this Appeal. At the time of admission, the following Substantial Questions of Law were framed: