Bhagwati J,

1. The main argument which appealed to the learned Judge below was that having regard to the nature and circumstances of the case, it was not open to the plaintiff under Section 92, Evidence Act to lead any evidence to show shut the sale-deeds which were executed by the plaintiff in favour of Ramnath and Rampratap as above were really mortgages and that therefore he was entitled to redeem the same. The applicability of Section 92, Evidence Act has also been the subject of an elaborate argument addressed by Mr. R.B. Kotwal, who appears for the plaintiff before us. Before we proceed to discuss the applicability of Section 92, Evidence Act, we think that even though it may appear to be quite elementary, we should set out the terms of Section 92 which would fall to be construed by us in this appeal:

"When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement or statement skill be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradic