JUDGMENT

S.B. Sinha, J. —

1.Leave granted.

2.Interpretation of a deed dated 27.10.1969 as to whether the same is one of absolute conveyance with a condition of repurchase or a mortgage with conditional sale, is the question involved in this appeal which arises out of a judgment and order dated 1.11.2006 passed by the High Court of Kerala in Second Appeal No.290 of 2003 setting aside a judgment and decree dated 28.11.1988 passed by the Munsif’s Court, Manjeri in Original Suit No.458 of 1984.

3.Respondent herein was owner of the land in question. He took the said land on lease with one Cheriathan jointly from one Gopalan Nair by reason of a deed of conveyance dated 21.12.1967. They made improvements. They constructed buildings thereupon. Half of the said leasehold rights was sought to be conveyed in favour of the appellant by reason of the said deed. Indisputably, the first respondent executed a deed of assignment in favour of the V. Devaki Amma in respect of his half share for a consideration to repurchase the same by a document dated 27.10.1969. She, by a deed of assignment dated 2.3.1976, transferred her right, title and interest being half of the property to the appellant and, thus,