GURUSHARAN SHARMA, J. - (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.
Before expiry of the aforesaid stipulated period, the plaintiff sent registered notice to the defendant for executing necessary sale deed, after receiving the consideration amount of Rs. 1500/ -. Title Suit No. 7 of 1980 was filed thereafter for directing the defendant to execute the sale deed in his favour or in alternative for a direction to him to deposit the entire consideration amount of Rs. 1500/ - in Court and the Court may execute sale deed in his favour and he may also be put 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).