Sir Lawrence Jenkins:-

These are consolidated appeals from two decrees of the Chief Court of Lower Burma, dated the 23rd of May, 1919, varying two decrees of that Court in its original jurisdiction, one dated the 28th of February, 1917, in suit No. 62 of 1916, and the other dated the 15th of March, 1917, in Suit No. 60 of 1916.

Both suits were brought by Baijnath Singh for the redemption of shares alleged to have been mortgaged by him.

Suit No. 60 of 1916 is against Hajee Vally Mahomed Hajee Abba. Suit No. 62 of 1916 was originally against Hajee Mahomed Jamal, but the plaint was amended by adding the defendant Abdul Kareem Abdul Shakoor Jamal. Later, during the pendency of the suit Hajee Vally Mahomed Hajee Abba was substi tuted as defendant in their place, and he is now the sole defendant in both suits.

The plaintiff's right to redeem is denied on the ground that the several transactions on which the plaintiff relies were not mortgages, but sales with a right of re purchase that has expired.

The Trial Judge upheld the plaintiff's contention in both suits. On appeal, the Chief Judge decided that the transactions were mortgages. Ormond, J., held that they were sales with contracts for re