JUDGMENT - GUNDEWAR S.D., J.:---By this second appeal, the appellant/original plaintiff challenges the judgment and decree passed against him by the learned District Judge, Buldana in Regular Civil Appeal No. 271/79. That appeal was filed by the original defendant challenging the judgment and decree passed against him by the learned Civil Judge, Junior Division, Malkapur in Regular Civil Suit No. 50/77. The trial Court found that the sale-deed dated 23-11-1972 as nominal and in the nature of simple mortgage. The trial Court, therefore, cancelled the said sale-deed by directing the plaintiff to deposit the amount of Rs. 10,000/- with interest at the rate of 6% per annum. As a result, the suit of the plaintiff came to be decreed. In appeal, the lower Appellate Court negatived the aforesaid findings of the trial Court holding that the transaction evidenced by sale-deed dated 23-11-1972 was out and out sale. In the result, the appeal came to be allowed and the judgment and decree of the trial Court were set aside. It is the said finding of the lower Appellate Court which is challenged in this appeal.

2. At the outset Smt. V.A. Naik, the learned Counsel for the appellant, submitted that

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