- (1.)THIS appeal under the Letters Patent is against the Judgment of Kotval J, in second appeal No. 371 of 1950 dated 16th March 1956 and with the leave of the learned Single Judge.
(2.)THE appellant filed a suit for redemption of a mortgage (Ext. P-1) executed on 14th December 1927. By that document a house was conditionally sold to the respondent and it was one of the terms in the document that within six years if the consideration was repaid the property would be reconveyed to the vendor. After the expiry of the six years' period, on 16th December 1933, the defendant respondent served a notice upon the vendor saying that inasmuch as the stipulated condition of repurchase had been broken, the vendee had become full owner of the property and no right was outstanding in the vendor. As a result of this notice, it appears that parties negotiated further and on 1st February 1935 the vendee paid a further sum of Rs. 100/- to the vendor in lieu whereof the vendor relinquished all rights in the property in favour of the vendee. That document was not registered. All along the vendee was in possession,
(3.)THE contention of the vendor was that the document (Ex. P-1) was a mortgage and the equity of redemption was never relinquished by him. All that he had relinquished was the option of repurchase which had been reserved by him at the time he entered into this agreement of conditional sale. All the three Courts-including the learned Single Judge--decided against his contention and his suit was ordered to be dismissed by all the three Courts. In this appeal the same contention is raised.