BAIRAGI CHARAN SAHU Vs. LAKSHMIDHAR DAS

JUDGEMENT

(1.) PLAINTIFFS are the appellants. The suit was for declaration of title and confirmation of possession, or, in the alternative, for recovery of possession with a prayer for permanent injunction. Plaintiffs base their title on a registered document (Ex. 1) dated 12th April 1950 executed by Lakshmidhar Das, the original defendant (since deceased), in favour of plaintiffs 3 and 4 and the deceased father of plaintiffs 1 and 2 for a consideration of Rs. 300/-Plaintiffs' case is that this document is a sale out and out with a condition for repurchase. Plaintiffs were in possession but the defendant caused disturbance of possession in 1957.

(2.) THE defence case is that Ex. 1 is a mortgage by conditional sale. Plaintiffs were in possession till 1957 when after having been fully satisfied, they gave up possession of the suit land.

(3.) THE Courts below dismissed the suit on a concurrent finding that Ext. 1 was a mortgage by conditional sale.