SK MD ILLIYAS Vs. NARAYAN SAH

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of reversal dated 3-8-1993 passed by 8th Additional District judge, Munger in Title Appeal No. 16 of 1989 thereby he has set aside the judgment and decree dated 30-1-1989 passed by. Additional munsif-IV, Munger in Title Suit No. 15 of 1983.

(2.) THE plaintiff-appellant filed the abovementioned suit against the defendant-respondent for redemption along with other relief. His case in brief is that he executed two registered deeds of mortgage by conditional sale dated 26-6-1978 for Rs. 5,000/- (Rs. 2500/- each) in respect of 10 katha of land each with a condition to re-convey if the plaintiff returns the amount within five years. Further case is that the plalntiff-appellant tendered mortgage money to the defendant-respondent within the time but he did not receive the same nor re-conveyed the land under mortgage. Hence, he filed the suit.

(3.) THE defendant-appellant contested the suit mainly on the ground that the documents in question are out and out sale and not mortgage by conditional sale. Respondent had no right to redeem the sale. The tender of alleged mortgaged money has also been denied.