JUDGMENT - S.P. BHARUCHA, J.:---This is a second appeal directed against the judgment and order of the District Judge, Ahmednagar, sitting in appeal on the judgment and order of the Joint Civil Judge (Junior Division), Ahmednagar.

2. On 3rd May, 1950 the 10th respondent (the original 1st plaintiff) executed a deed in favour of one Madhav in respect of the land in suit. On 18th November, 1957 Madhav transferred the rights conferred upon him by the deed in favour of the 5th respondent. In 1957 one Sohanlal, the holder of a decree against the first plaintiff, purchased the land in suit in execution of the decree through a Court sale. On 13th June, 1958 the sale was confirmed. In 1966 the 1st plaintiff filed a suit for redemption alleging that the deed was a mortgage by way of conditional sale and that the mortgage amount had been repaid by virtue of the rent collected. The 5th respondent was impleaded as a defendant (the 5th defendant) in the redemption suit. He pleaded that the deed was a deed of sale with a condition of repurchase. In 1967 Sohanlal filed a suit for possession of the land making the 1st plaintiff and 5th defendant in the redemption suit defendants to his suit. On 28th

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