Bind Basni Prasad, J. - (1.) This is a plaintiffs' appeal arising out of a suit for redemption of a mortgage. On 3rd January 1936, the plaintiffs appellants executed ostensibly a deed of sale in favour of the defendant-respondent in respect of a house situated in the city of Agra for a sum of Rs. 150 only. Towards the end of this deed there was the following condition to the sale: "There is one important condition which has been agreed to between the parties. If within the period of three years I, the vendor, pay Rs. 150 in a lump sum to the vendee I shall be entitled to the house and at my own expense I shall cause a sale-deed to be executed in my favour by the vendee. Otherwise after the expiry of the period fixed above this deed of sale will become a deed of absolute sale. I have, therefore, executed this deed of conditional sale providing for a period of three years in favour of the vendee."
(2.) On the same date, the appellant executed a rent deed also in favour of the defendant, respondent. It begins with a recital that the appellant had executed a deed of conditional sale on the same day. It provides that the appellant shall continue in possession of the house on a monthly rent of Rs. 3. It further stipulates that the liability to keep the house in repairs and to pay its taxes shall be upon the tenant, viz., the appellant.
(3.) The plaintiffs contend that the transaction was in reality a mortgage, although ostensibly it was a sale. On this ground they brought a suit for redemption. Both the Courts below have held that the transaction was an out and out sale and not a mortgage by conditional sale.;