DEVAKI Vs. R KANNAPPAN

JUDGEMENT

(1.) THE unsuccessful plaintiffs in O. S. No. 256 of 1984 on the file of the Third Additional District Munsif, Coimbator e who are appellants in A. S. No. 148 of 1991 on the file of the Second Additional subordinate Court, Coimbatore, are the plaintiffs/appellants in the above appeal.

(2.) THE case of the appellants is as follows: THE deceased first plaintiff was the owner of the suit property and he received a sum of Rs. 2,000 from the defendant as loan and executed Ex. A. 3 dated 25. 12. 1968 and the plaintiffs claim this document to be a mortgage. It is also pleaded that as security for the repayment of the loan, the property was mortgaged and in lieu of interest possession was given to the defendant. THEreafter, another deed Ex. A-3, dated 3. 3. 1969 was executed by the defendant in favour of the plaintiffs agreeing to reconvey the suit property. If the plaintiffs repay the paid amounts within a period of 7 years the defendant should reconvey the property at his cost. It is the further case of the plaintiffs that they went to the defendant in the year 1978 and sought to redeem the mortgage, but he refused to receive the amount and discharge the mortgage. It is further pleaded that in spite of notice issued by the plaintiffs, the defendant refused to receive the amount and discharge the mortgage. It is the further case of the plaint iffs that as per the provisions of the Tamil Nadu Act 13/80 the plaintiffs are'debtors'and as per relevant sections of such Act, such mortgage shall stand redeemed and the mortgaged property comes back to the plaintiffs. On the above said pleadings, the plaintiff seeks delivery of possession of the property and past and future mesne profits.

(3.) WHILE admitting the above second appeal, the following substantial question of law has: been formulated for consideration by this court. Whether Ex. A-3 is a mortgage deed or an outright sale deed?