CHANDAN SINGH Vs. BALKO BAI

JUDGEMENT

(1.) With consent of learned counsel for the parties the matter is heard.

(2.) Defendant No. 2, in a suit for redemption opposed the admissibility of an ikrarnama dated 5.7.1982 executed by Ram Prasad, petitioner's father in favour of Jaisingh from whom he purchased the suit property vide sale deed dated 5.7.198

(3.) Suit for redemption is brought by the legal heirs of Jaisingh on the plea that the sale of the suit property vide sale-deed dated 5.7.1982 was in fact a mortgage by conditional sale; however, as the sale deed did not contain an agreement to re-convey, the plaintiff pleaded that a separate agreement has been executed by the purchaser on 5.7.1982. It was this instrument which has been allowed to be admitted in evidence.