JUDGMENT

S. Saghir Ahmad, J.-Habibur Rehman, who is since dead and is represented by the present respondents, was the owner of a house situated in Gali Masjid Peerji in Ibrahimpura, Bhopal, which he had purchased for a sum of Rs. 3,000/- through a registered sale deed dated 24.2.1949. On 28.12.1955, he executed a sale deed in respect of this house in favour of the appellant, Mushir Mohammed Khan, who also is dead and is represented by the present appellant, for a sum of Rs.1,000 only. A few days later, namely, on 3rd January, 1956, Mushir Mohammed Khan executed an agreement in favour of Habibur Rehman agreeing to re-convey the said house if the amount of Rs. 1,000/- was paid back to him within a period of two years. Habibur Rehman also executed a rent note in favour of Mushir Mohammed Khan on the same day. Both the documents, namely, the sale deed dated 28.12.1955 and the agreement for re-conveyance, executed on 3rd January, 1956, were registered on 5th January, 1956. In terms of the rent note, Habibur Rehman started paying Rs. 20/- as rent for the house in question to Mushir Mohammed Khan.

2. Treating the above documents as mortgage, Habibur Rehman, who shall hereinafter be referre