JUDGMENT

S.B. Sinha, J. — Leave granted.

2. Whether the deed dated 30.12.1968 constitutes a sale with condition of purchase or mortgage by way of conditional sale is the question which falls for consideration in this appeal which arises out of a judgment and order dated 27.7.2004 passed by the High Court of Jharkhand in F.A. No. 23 of 1991 (R) .

3. The basic fact of the matter is not in dispute. The property in question is a house property. It belonged to one Jawala Prasad Sah, defendant No.3 in the suit. On 30.12.1968, he transferred the northern part of the house property to one Balmukund Chaudhary by way of mortgage for a consideration of Rs. 4,300/- repayable by 30.1.1971. He sold the entire property to the plaintiffs for a valuable consideration of Rs. 14,000/-. It included the right to redeem the mortgage. The transaction in question was also carried out on the same date, i.e., 30.12.1968.

4. The husband of the Appellant No. 1 herein Banshidhar Singhania was a tenant in the said premises.

5. The Respondents filed a suit for a decree for redemption of the said mortgage as also a decree for mesne profit for the period 3.1.1972 till the recovery of possession of the mortgaged p