B. H. MARLAPALLE, J.

( 1 ) WHILE admitting this Second Appeal by order dated 3-2-1997 this Court has framed the following substantial question of law for decision: "whether the Deed dated 21-4-1953 (Exhibit 62} is a Deed of Mortgage by way of conditional sale or a sale with condition of repurchase?"

( 2 ) REGULAR Civil Suit No. 26 of 1986 came to be filed by the present respondents for redemption of the mortgaged land viz. Gat no. 817 admeasuring 14 gunthas, Gat No. 837 admeasuring 16 gunthas, Gat No. 830 admeasuring 19 gunthas, Gat No. 874 admeasuring 27 gunthas, of village Jawle, taluka Khandala in Satara District. It was claimed that Tukaram Bala Kadam, the late father of the plaintiffs had executed the deed of mortgage by conditional sale on 21-4-1953 in favour of Shri Madhavrao Savlaram bhosale for consideration of Rs. 700/- and it was agreed between the parties that on repayment of the said amount within ten years from the date of the deed, the purchaser would reconvey the suit land to the seller and such condition was embedded in another agreement signed on 2-5-1953. During the life time of Tukaram, he had approached Madhavrao for the return of land but in vain and in