CHANDI CHARAN CHOWDHURY AND ON HIS DEATH HIS HEIR AND LEGAL REPRESENTATIVES TRIPURA CHARAN CHOWDHURY Vs. NABIN CHANDRA DE

JUDGEMENT

(1.) The appeal arises out of a suit for redemption.

(2.) The defendant No. 9 executed a deed of sale in favour of defendants Nos. 1 and 2 and the father of defendant No. 7 on the 5 May 1899. There was a stipulation in the kabula that if the vendor paid the purchase-money within three years from the date of the execution of the document, the property would be given up by the vendee. The question which is involved in the appeal is whether the transaction was a deed of sale with a condition for re purchase or a deed of mortgage by conditional sale.

(3.) The Court below held that it was the latter and accordingly gave a decree for redemption in favour of the plaintiff. The defendants have appealed to this Court.