MAQBOOL ANSARI Vs. ABDUL HUSSAIN

JUDGEMENT

(1.) THE Original plaintiff Sheikh Hussain Bux by registered mortgage deed dated 6.2.1974, Exhibit D, mortgaged 44 decimals of land of Plot No. 572 for Rs. 555/ - in favour of Sheikh Rajmat. Thereafter by registered sale deed dated 15.3.1975, Exhibit B, he sold the said land for Rs. 1500/ - to the original defendant, Sheikh Gaffar. Simultaneously the original defendant also executed a registered agreement, Exhibit 2 for re -conveyance thereof, on the same considerations amount, between 2032 to 2038 Sambat.

(2.) THE defendant claimed to have redeemed the said mortgage (Exhibit D) on 2.11.1975 and paid Rs. 555/ - to Sheikh Rajmat and thereafter came in possession of the said land.

(3.) THE defendant appeared and contested the suit, inter -alia, on the ground that Exhibit B was a mortgage and not a conditional sale deed and Exhibit 2 was not enforceable because the plaintiff had not only suppressed execution of the earlier mortgage, Exhibit D, he was also not ready and willing to pay the entire amount of Rs. 2055/ - (Rs. 1500/ -, being consideration amount mentioned in Exhibit B and Rs. 555/ - paid to Sheikh Rajmat at the time of redemption of the mortgage).