JHANDA SINGH Vs. SHEIKH WAHID-UD-DIN

JUDGEMENT

(1.) This appeal arises out of a suit for redemption, of what is alleged to be a mortgage, dated the 29 of August 1852, executed by the predecessors-in-title of the plaintiffs against the representatives of the alleged mortgagees.

(2.) The Court below dismissed the plaintiffs suit finding that the document in question was an. out and out sale-deed and not a mortgage. Against this decision, the present appeal has been preferred on the grounds that upon a true construction of the document in question and another document of the 8 of September, 1852, the transaction evidenced by them was a mortgage by way of conditional sale.

(3.) In the document of the 29 of August 1852, the entire of a Tillage called Murlipur Phul, which is stated therein to belong to the executants by right of inheritance, was conveyed to Ilahi Bakhsh and others in consideration of a sum of Rs. 5,500. The operative part of the document runs as follows: "We have now sold the entire 20 biswa zamindari property aforesaid together with all the rights and interests appertaining thereto for a sum of Rs. 5,500 to llahi Bakhsh, Abdul Rahim, Abdul Karim and Abdul Hakim and the aforesaid vendees purchased the aforesaid property from us in consideration of the aforesaid amount. The sale is valid, legal, lawful and enforceable. Accordingly the proposal and acceptance have taken place between the parties. We have received the whole of the consideration in respect of the property sold from the aforesaid vendees and have brought the same to our use. We have put the vendees into possession and enjoyment of the aforesaid property together with all that cesses and revenues." This document was presented for registration on the 18 of May 1853 by the executants, or persons representing them, and the receipt of the consideration admitted before the registering Officer.