MOHMODKHAN ALIAS JAINEKHAN CHANDKHAN Vs. GULAB GABRU MUSALMAN

JUDGEMENT

(1.) The short point arising in the above second appeal is whether the affidavit (Ex 25) dated Jane. 15, 1965, on which the respondent relied upon for defending his possession under section 53-A of the Transfer of property Act, constituted a contract by writing sighed by the appellant or on his behalf from which the necessary terms to constitute the sale in favour of the respondent could be ascertained with reasonable certainty.

(2.) The relevant facts are as under:- The appellant-plaintiff filed the suit on January 25, 1968 for a declaration that the transaction dated June 15, 1965 in respect of the suit land bearing Survey No. 395, measuring 5 acres and 2 guntha's, executed by affidavit is the nature of mortgage and for redemption of the mortgage and for possession of the above land.

(3.) The suit vas resisted by the respondent-defendant on the ground that the affidavit, which was nothing more than an affidavit to be presented before the Deputy Collector under the provisions of the Hyderabad Tenancy and Agricultural Lands Act, signed by the appellant-plaintiff and stating that out of the consideration of Rs. 4,000/-, Rs 3,000/- was received in cash, and seeking permission for getting a sale-deed registered, can be considered as as contract by writing within the meaning of section 53-A of the Transfer of Property Act; and at was not open to the plaintiff to seek a declaration tbat the transaction was a mortgage.