BODAN LAL Vs. BANWARI LAL

JUDGEMENT

(1.) This appeal is filed by the original defendant against the judgment and decree passed in suit for redemption of mortgage. While admitting this appeal on 22.10.1979, it was admitted to consider the limited question, namely, 'Whether the transaction between the parties is a mortgage' ?

(2.) The contentions raised by the respondent-plaintiff can be summarized as follows :-

(3.) It may further be mentioned that after the execution of the documents mentioned above, the respondents-vendor was in arrears of rent due in respect of the suit property. The appellant-vendor therefore filed a civil suit for recovery of arrears of rent amounting to Rs. 760/-. In that suit the respondent/vendor raised the question regarding the nature of documents referred above. In that suit, ultimately, a money decree in respect of rent dues came to be passed. In course of that litigation, the question regarding the nature of the document referred to above, however, was kept open and was to be determined in the suit if filed by the vendor for redemption of mortgage. That is how the vendor-respondent filed the present suit for redemption of the mortgage.