SARASWATIBAI Vs. MD IDRAKUDDIN

JUDGEMENT

(1.) THIS appeal is by the defendant against the decree, dated, 24-11-1959, passed by Shri V. D. Joshi, Additional District Judge, Betul, in Civil Appeal No. 6-A of 1957, affirming the decree, dated, 18-7-1957, passed by Shri G. K. Parashar, Second additional Civil Judge, Betul, in Civil Suit No. 4-A of 1957. Equivalent Citation:

(2.) THE respondent executed a registered sale deed, dated, 10-9-1947 in favour of the appellant regarding certain malik makbuza land, having an area of 19. 40 acres, for a consideration of Rs. 1900/ -. The sale deed was probably executed at the time of partition of the country, when the respondent was probably scared on account of his anxiety for his safety. That was undoubtedly an out and out sale deed, although the respondent's contention was that it was a mortgage. However, he did not make any attempt to establish his allegation about the transaction being a mortgage.

(3.) THE appellant leased back the fields to the respondent on 15-9-1947. The lease was for the agricultural year 1947-48; and as such was to expire on 2-5-1948.