Judgement

Consolidated Cross-appeals (No. 69 of 1931) from a decree of the Court of the Judicial Commissioner, North-West Frontier Province (March 8, 1930), varying a decree of the District Judge, Peshawar (April 25, 1929).

In the first of the consolidated appeals a question arose with regard to a possessory mortgage, of March 12, 1917, of land in the Punjab, accompanied by a lease of the same date, by which the mortgaged land was leased back to the mortgagor. Upon the termination of the lease the mortgagee claimed possession. The Court of the Judicial Commissioner, affirming the District Judge in that respect, refused a decree for possession, holding that the transaction was in reality a simple mortgage of the land.

The facts and the grounds of the decision appear from the judgment of the Judicial Committee.

1933. Feb. 27, 28 ; March 2. De Gruyther K.C. and Parikh for the plaintiff, appellant in first and respondent in second appeal.

Sir Leslie Scott K.C. and Wallach for defendant No. 2, a respondent in first and appellant in the second appeal.

With regard to the question above mentioned reference was made for the plaintiff to the Indian Evidence Act, 1872, s. 92 ; Balkishen Das v