Judgement

Appeal (No. hi of 1936) from a judgment and decree of (the High Court (March 8, 1933) reversing a judgment and decree of the Additional District Judge of Moradabad (January 12, 1931) which had affirmed a judgment and decree of the Munsif of Chandausi (June 4, 1929).

The suit out of which this appeal arose was brought by the appellants (plaintiffs 3 to 5) and respondents 29 and 30 (plaintiffs 1 and 2) against respondents 1 to 28 (defendants 1 to 28) claiming redemption of certain properties on the allegation that the sale of the properties evidenced by a sale deed of March 25, 1844, and executed by Gulab Singh, the representative-in-interest of the plaintiffs, in favour of Het Ram and Tula Ram, the representatives-in-interest of the defendants, and an alleged agreement to transfer the said properties, dated March 25, 1844, and executed by Het Ram and Tula Ram in favour of Gulab Singh, formed one transaction and constituted a mortgage by conditional sale of the properties comprised in the sale deed.

The facts, and the relevant terms of the material documents, appear fully from the judgment of the Judicial Committee.

The Munsif delivered judgment in favour of the plaintiffs.