ORDER

Leave granted.

We have heard counsel on both sides.

The appellant admittedly is the original owner of an extent of 18 canals and marlas of land. In his suit for declaration and injunction, the Trial Court decreed the suit, but on appeal, it was reversed. The High Court of Punjab and Haryana in Second Appeal No. 600/95 on March 15, 1995 confirmed the same.

2. The admitted facts are that the appellant being the owner, had sold the property to the respondent. By the date of the sale, admittedly, it was subject to hypothecation with a bank for a sum of Rs. 5,000/- that the respondent had to discharge. The appellant had paid three installments, as evidenced by the statement of Gurdial Singh, the clerk of the Primary Agricultural Bank, Hoshiarpur. It was also proved through his evidence that Ranjit Singh had paid the amount in three installments; one in the year 1975, other in December 1976 and the third one in December 1977. One payment was also made by Baljit Singh and final payment was made by the appellant himself on December 18,1979. It is, thus, his case that he has discharged the loan taken by him, though the sale was executed in favour of the respondent. The sale being a condit