Decided on August 04,1982



- (1.) Polepalli Narayanaiah - first defendant in the suit, having lost in the two courts below, has come in Second Appeal.
(2.) The sole but important point that arises is whether Ex.B, 1 which has been executed by the plaintiff-respondent herein, is a mortgage by conditional sale, or an out and out sale with a condition to repurchase. Both the courts below held that it is mortgage by conditional sale. So, the Second Appeal.
(3.) On 21-11-1964 the plaintiff executed Ex. B.1, which, he wants to style as mortgage by conditional sale, in favour of the first defendant for the debt due. So, we will straight away read the document itself, as the entire argument centers round the same. The document is in Telugu. However, the relevant translated portions of Ex. B 1 may now be read: "This is the conditional sale which has been executed for the reason that I had executed a promissory note in favour of your wife Lakshmikantamma on 23-4-1960 and the amount due on the promissory note as on today being Rs. 2.000/- and on your agreeing to have received the amount as though said to have been paid by me in respect of the said pronote debt due and also a sum of Rs. 500/- I have borrowed in cash from you today towards my agricultural expenses and having therefore, received in all a sum of Rs. 2,500/- I am executing this document by way of a conditional sale making over the schedule mentioned property in your favour and I have given possession of the said property to you. From today onwards myself or my heirs have no claim whatsoever in respect of the said property. From this day within five years, whenever I repay the aforesaid sum of Rs. 2,500/- in cash, then you must recon- vey the schedule mentioned property under a registered deed. The requisite stamp duty and registration expenses will be borne by me. In default of the aforesaid conditions, after expiry of five years, you will enjoy the property absolutely: neither myself nor my heirs will have any right whatsoever against the said property.";

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