Judgment

THAKKAR, J.:- The widow and legal heirs of the original plaintiff may be pardoned for their cynicism having lost the property as well as the bread winner who committed suicide on losing his meritorious matter at all levels.

2. A poor person (original plaintiff) owned a small house property in Bambagher, Ramnagar, district Nainital. His son was taken ill. He did not have sufficient liquid resources to enable him to incur the necessary expenditure for treating his ailing son. He thereupon entered into a transaction with the original defendant who was a resident of the same place on August 16, 1967. The essential features of the transaction were :-

(1) Plaintiff executed a document pertaining to ostensible sale of the property in question for a consideration of Rs. 7000/-, favouring the defendant.

(2) On the same day a contemporaneous document was executed by the defendant in favour of the plaintiff agreeing to sell the property in question for a sum of Rs. 7000/-within 10 years of the date of the execution of the aforesaid document.

(3) The possession of the property remained with the original plaintiff and he was to pay Rs. 80/- per month as rent.

(4) The Municipal and other tax