HANS RAJ Vs. MAT RAM

JUDGEMENT

(1.) IN this plaintiff's appeal against a judgment and decree of District Judge, Maharaj Kishore allowing the appeal and remanding the case for trial of other issues the sole point for determination is whether the transaction in dispute amounts to a mortgage by way of conditional sale or an out and out sale. The relationship of the parties is given in the pedigree-table which Is as follows: siri KISHAN dass ____________________________|__________________________________ | | | | | jaigopal Ram Gopal Ram Parshad parmanand Girdhari Lal | __________|_____________ pat Ram | | ____________________________|___ Mam raj Kalu Ram | | | | ____|____ ____|_______ matram Makhan Lal Dalip Singh Sant Lal= | | | | deft. 1. Deft. 2. Deft. 3. widow Mt. Misri hans Raj Mani Ram Dhan Ram Dev Raj deft. 4. Pltf. Daft. 5. Deft. 6. Deft. 7.

(2.) RAM Parshad's branch had earned on business under the name of firm Hardwari Mal-Pat Ram and Parma Nand's branch under the name of firm Kalu Ram-Mam Raj. On the 5th August 1930, an award was made in favour of Hardwari Mal-Pat Bam against firm Kalu Ram-Mam Raj for Rs. 4,000/- and a decree followed thereon. Execution was sought and the property was attached and sale was going on. I may here state that by this award the decree money was made a charge on the property which is now in dispute.

(3.) ON the 21st June 1936, two documents were executed. One is Exhibit D-1, which is a sale-deed by which Kalu Ram on behalf of himself and on behalf of his minor nephews, sons of mam Raj, sold their share of the haveli which was one-half to the sons of Pat Ram. The sale-deed was in the following terms;