M A BASHIR Vs. ETHEL

JUDGEMENT

(1.) THIS Letters Patent appeal is by the defendants against the judgment of hemeon J. , in Second Appeal No. 390 of 1948, dated 18th September 1953.

(2.) THE plaintiff (since deceased and represented by his legal representatives)brought the suit for the ejectment of the defendants from a house situated at ganpatrao's Chhaoni, Civil Station, Nagpur, and for arrears of rent and mesne profits valued at Rs. 672/12/ -. The plaintiff had previously obtained the permission of the Rent Controller. Accroding to the plaintiff, the defendants, who had sold the house to him on 15th March 1943, had taken it from that date on a monthly rent of Rs. 19/8/ -. They paid rent till 15th October 1944 but not thereafter. The suit was thus for ejectment, rent and mesne profits.

(3.) THE defendants' plea was that the transaction was a mortgage by conditional sale and that the rent note was in lieu of interest calculated at Re. 1/8/- per cent per month on the purchase price of Rs. 1,300/ -. They accordingly contended that it was a mortgage without possession by conditional sale and the suit ought to have been for foreclosure and not for ejectment. They denied the relationship of landlord and tenant and stated that the transaction was an ostensible one and represented the relationship of creditor and debtor.