1. The petitioner-applied to the Debt Adjustment Court at Akalkot for adjustment of his debts and claimed a declaration that an agreement of sale, dated 10-9-1942 under which, Ningappa Patne, father of the petitioner received Rs. 600/- from the respondent Baswannappa as price of certain property delivered by him was a transaction in the nature of a mortgage and for an order that the property be redeemed alter adjustment of his debts under the B. A. D. R. Act and for an order for possession.

The application was resisted by the respondent Baswannappa. The learned trial Judge held that the transaction evidenced by the agreement, dated 10-9-1942, was intended to be a mortgage and Rs. 268/- were at the date of the application due by the petitioner under that mortgage. The learned Judge directed that the petitioner do pay the amount declared to be due in instalments specified in the order and that a charge be retained for those instalments on the property agreed to be conveyed.

Against that order an appeal was preferred to the District Court at Sholapur. The learned Assistant Judge, who heard the appeal, held that an agreement of sale could not be regarded as a transfer the real