K. S. SHRIVASTAV, J.

( 1 ) THE defendants in OS No. 24/84 on the file of the Additional District Judge, Adilabad, are the appellants in this appeal. A preliminary decree for redemption of anomalous mortgage of a double storeyed building bearing No. 4-3-3 (old) and 3-7-68 (new) situated in Adilabad (hereinafter called as amba Bhavan ) and the adjoining plot as also a decree for cancellation of the decree passed in OS No. 49/78 have been passed against them.

( 2 ) THIS appeal shall govern also the disposal of the appeal AS 2702/89 arising out of OS 11/84 and the appeal AS 2703/89 arising out of OS 5/89 because all the three suits have been disposed by the common judgment passed by the Additional District Judge, Adilabad. In OS No. 5/89, suit of the 2nd defendant for permanent injunction has been dismissed and in OS No. 11/89, suit of the 3rd defendant for specific performance of the contract of the upper storey of Amba Bhavan has been dismissed.

( 3 ) IT is an admitted fact that one K. Ramankutty alias Lingam is the husband of the 1st plaintiff Smt. Valsula Devi and father of the remaining 5 plaintiffs of OS No. 24/84. Similarly, the 1st defendant was the husband of the 2nd defendant and father of the remaining defendants Nos. 3 to 7 of the suit. It is also an admitted fact that the 1st defendant Habeeb Khan expired during the pendency of the suit and before the commencement of evidence in this case.

( 4 ) IT is no longer in controversy before me that in OS No. 2/ 72, one Chinna Manyiamma and K. Ramankutty alias Lingam were declared co-owners having equal share in Amba Bhavan and in appeal before the High Court Chinna Manyiamma transferred her half share in Amba Bhavan for a consideration of Rs. 29,000. 00 (Rupees Twenty Nine Thousand only) in favour of K. Ramankutty alias Lingam vide a compromise decree passed by the High Court on 14-4-1978.

( 5 ) THE plaintiffs in OS 24/84 have alleged that in order to pay Rs. 29,000. 00 to Chinna. Manyiamma, the 1st plaintiff and her husband K. Ramankutty alias Lingam were in need of money and the 1st defendant agreed to advance a loan of Rs. 30,000/ - to them on condition that they should execute an agreement to sell Amba Bhavan in favour of the defendants 3 and 4 and handover the possession to him. The loan amount would carry interest at the rate of 18% per annum. After a period of five years accounts would be settled and after satisfying the loan and interest, if remaining due, the 1st defendant would re-convey and re-deliver the possession of Amba Bhavan to them. Because they had no other alternative and they were in dire need of money, on 31-3-1978 the 1st defendant obtained the agreement to sell (Ex. A-1) in favour of his aforesaid sons by K. Ramankutty alias Lingam and paid a loan of Rs. 35,000. 00 to him and obtained possession of Amba Bhavan. They again needed an amount of Rs. 5,000. 00 and therefore they again approached the 1st defendant for further loan whereupon the 1st defendant agreed to advance the loan of Rs. 5,000. 00 on condition that they should execute a sale deed in his favour in respect of the ground floor of Amba Bhavan showing a consideration of Rupees 40,000/- and this amount would also carry interest at the rate of 18% per annum for 5 years. K. Ramankutty alias Lingam executed a receipt (Ex. A-2) for a total loan amount of Rs. 40,000. 00 on 5-5-1978 and on 8-5-1978/9-5-1978, the 1st defendant succeeded in obtain- ing the sale deed, Ex. B-3, of the ground floor of Amba Bhavan. it is further alleged that on 7-8-1978, the 1st defendany got an agreement to sell the 1st floor of Amba Bhavan (Ex. Bl) executed by the 1st plaintiff and her husband in favour of his son -- 3rd defendant -- to secure the interest and the loan amount of Rs. 40,000/ - showing wrongly the consideration as Rs. 35,000. 00 and payment of advance as Rs. 33,000/-, but without making any payment to them. The 1st plaintiff and her husband needed an amount of Rs. 7,000. 00 for their hotel business and wh

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