KAILASH NARAYAN Vs. JEEVAN LAL

JUDGEMENT

(1.) THE case of the plaintiff is that the he is the owner and in possession of the House No. 97, situated at Samvid Nagar, Indore and that on 30.4.1974 he took the loan of Rs. 2,000/- from the defendant @ Rs. 3% p.m. and the defendant has got executed the sale deed of the suit house from the plaintiff and also the rent note for securing the monthly interest of Rs. 60/- and that on 30.4.1974 the defendant executed an agreement in favour of the plaintiff to execute the sale deed, in case the amount of Rs. 2,000/- is not paid by the plaintiff within two years.

(2.) IT is alleged by plaintiff that sale deed dated 30.4.1974 executed by him in favour of the defendant is not real in nature and he has mortgaged the house for the loan and that the defendant has not executed the sale deed in spite of repeated efforts by the plaintiff. It is further alleged by the plaintiff that the defendant is a money lender and he has got mortgaged the house, which was of the value of 20,000/-, in order to secure the loan of Rs. 2,000/- only and the plaintiff has prayed that it be declared that the sale deed dated 30.4.1974 is not real and the relationship of the debtor and creditor existed in between the plaintiff and the defendant.

(3.) THE learned trial Court after framing the issues has dismissed the suit holding that the plaintiff has failed to prove that the sale deed is not real in nature. The learned appellate Court below has held that the sale deed was executed as a mortgage by the plaintiff and the plaintiff is entitled to redeem the mortgage on payment of Rs. 20,000/- along with interest @ Rs. 10% p.a. Following are the substantial questions of law framed in the case : .