PARMA Vs. HALKURAM

JUDGEMENT

(1.) THIS is plaintiffs second appeal. A document exhibit P/l was executed. In this document there is a stipulation to the effect that in case the vendor wants to repurchase the property then they would he free to purchase the same by paying the sale price and also interest. Thus, there was a stipulation that the vendor can repurchase the property. The argument advanced by the counsel for the appellants is that this was a mortgage by conditional sale and therefore, the plaintiffs have a right to recover back the possession.

(2.) THE land in dispute was in survey numbers 208 and 255; total area is 15 biswas. The present survey numbers are 93, 107 and 108. The plaintiffs are members of Scheduled Castes.

(3.) IN this case, there is no period mentioned for repayment but there is a stipulation to the effect that interest would be payable by the seller. Under the circumstances, the document exhibit P/l can be taken as mortgage by conditional sale.