(Appeal under Section 100 CPC against the decree in AS No.270 of 1987 dated 05-10-1992 on the file of the Court of I Additional Chief Judge, City Civil Court, Secunderabad preferred against the decree in OS No.2777 of 1979 dated 31-08-1997 on the file of the court of I Assistant Judge, City Civil Court, Secunderabad).

Common Judgment: (B. Seshasayana Reddy)

These two Second Appeals are listed before us on a reference being made by learned single Judge for an authoritative pronouncement on the questions formulated, which are extracted hereunder:

1) Whether in the facts and circumstances of the case, especially, the documentary evidence placed before the Court, relating to the obtaining of delivery by rent control proceedings, whether Ex.A2 = Ex.B.10 to be treated as out and out sale or a mortgage by conditional sale or an anomalous mortgage and whether the transaction would be governed by Section 58[c] or 58[g] of the Transfer of Property Act, 1882?

2) Whether extraneous evidence can be let in to explain the nature of transaction in the light of the clear recitals made in Ex.A1 = Ex.B.10 in the facts and circumstances of the case?

2. Background facts of the case leading t