JUDGMENT :

Prafulla C. Pant, J.

Leave granted.

2. This appeal is directed against judgment and decree dated 20/21/24-09-2012, passed by High Court of Gujarat at Ahmedabad, whereby Second Appeal No. 107 of 1994 is allowed, and dismissal of suit by trial court as affirmed by First Appellate Court is reversed. The suit of the respondents/plaintiffs for redemption of suit property is decreed by High Court on the payment of Rs.10,000/- within a period of six months by the plaintiffs from the date of the decree.

3. We have heard learned counsel for the parties and perused the papers on record.

4. Brief facts of the case are that original plaintiffs Shaikh Rahemanbhai Mohamadbhai (since died) and Shaikh Ismailbhai Moahamadbhai, executed a deed dated 30.12.1960 in favor of defendant nos. 1 and 2, namely, Patel Ravjibhai Bhulabhai (since died) and Patel Dahyabhai Bhudarbhai, which was titled as conditional sale, for a sum of Rs.10,000/- providing therein that if the repayment is made within a period of five years, the defendants shall give back the property in suit with possession to the plaintiffs with further stipulation that the plaintiffs would have no right to get back the property after th