1. This revisions; application arises from debt adjustment proceedings. The transaction in question took place on 10-6-1927. The property which was the subject-matter of this transaction is Survey No. 193. It admeasures 17 acres and 25 gunthas. This property was ostensibly sold for Rs. 2,000/ -.

This property originally belonged to an undivided Hindu family consisting of three brothers Shivram, Shankar and Parwat. The purchaser was the brother-in-law of Shivram. In the present proceedings Parwat and Shankar pleaded that the transaction was a mortgage and they wanted the adjustment of their debts on that footing. The learned trial Judge accepted the plea of the debtors, held that the transaction was a mortgage, adjusted the debts and passed an award in their favour.

In appeal, a different view has prevailed. It has been held by the lower appellate Court that the transaction was a sale. On that view, there was no question of adjusting any debts and the application of the debtors so far as this transaction is concerned, has been dismissed. It is this decision which has given rise to the present revisional application.

2. Mr. Desai for the petitioners fairly conceded that the ques