judgment

S.B. Sinha, J. —

Leave granted.

1.Parisa Shantappa Upadhye, the predecessor in interest of the respondent, was the owner of the land. He entered into a transaction with the appellant herein on or about 7.10.1969. The deed was titled as Conditional Sale Deed of immovable property. The land, in question, was situate in the town of Kolhapur in a market area. A shed was constructed thereupon. The relevant terms of the said document evidencing the transaction in question are as under:-

“2.The property described above is sold by me for a period of five years and you are put into possession thereof. Consideration of Rs. 500/- for the said sale is paid by you to me and I have received the same and there is no grievance with respect to the said receipt.

3.You are entitled to enjoy the possession of the said property till the said period and get the property transferred in your name and pay the municipal assessment with respect thereto.

4.In case the above said amount of Rs. 500/- is repaid to you by the end of the above said period or prior thereto, you will accept the same and restore the said property in my possession and execute the sale deed in my favour as per the agreement between