Judgment

Dr. AR. Lakshmanan, J.—The above appeal was filed by the unsuccessful defendants against the final judgment and order dated 06.08.1998 passed by the High Court of Madhya Pradesh at Jabalpur in Second Appeal No. 500 of 1989 whereby the High Court allowed the Second Appeal filed by the respondents/Plaintiff.

2. The short facts of the case are as follows:-

The respondent/plaintiff executed a sale deed in favour of Mst. Hasrat Bi after obtaining a loan of Rs. 400/- and also executed an agreement stating therein that in case she returns Rs. 400/- to Mst. Hasrat Bi within 3 years, property shall be reconveyed to him. The respondent failed to repay the loan within the stipulated period of 3 years. Therefore, Mst. Hasrat Bi got her name recorded in the revenue and sold the property to the appellant Ramlal Shyamlal and one Pyarelal by a registered sale deed for a sum of Rs. 4,000/-. According to the appellants, they came in possession of the property and are cultivating since then.

3. Respondent No. 1 - Phagua filed a suit for declaration that the sale deed dated 01.12.1965 executed by her in favour of Mst. Hasrat Bi was only a nominal sale and she continues to be the owner of the suit