(1.) These two appeals arise from two suits for redemption, both instituted by the same plaintiffs on the basis of two mortgage deeds.
(2.) The main common point for decision in these two appeals is as to whether between the parties to the transactions parol evidence is admissible to prove that the documents, which on their face appear to be mortgage deeds, constitute documents of absolute sale.
(3.) Of the two mortgage deeds, one is dated 30-7-19D4, which is exhibit 1 on the record and is the basis of the action in suit No. 169/133 of 1944/1946 corresponding to Second Appeal No. 1255 of 1948, and the other is dated 22-1-1909, which is exhibit 1(a) on the record and is the basis of action in suit No. 170/77 of 1944/1946 corresponding to Second Appeal No. 1258 of 1948. Both these documents were executed by the same person, namely, Megho Tanti. On his death, his heirs and successors, who were impleaded as defendants 3rd party in both the suits sold the equity of redemption along with some other properties for a sum of Rs. 500/- to the common plaintiffs of the two suits by a sale-deed dated 19-4-1944 (exhibit 2).
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