AJIT KUMAR SENGUPTA, J.

( 1 ) THE question of law involved in this appeal is whether the document executed by the plaintiff's father in favour of the first defendant is, in its true effect, mortgage by conditional sale or an outright sale. The facts of the case leading to the present appeal preferred by the plaintiff are set out hereinafter.

( 2 ) THE plaintiff, Sm. Swarnalata Tat, instituted the suit for declaration that the transaction between the plaintiff's father and the Defendant No. 1 made on 9th December, 1968 was a loan transaction and that the deed in question was an ostensible sale deed as a security for repayment of the loan taken by the plaintiff's father from the Defendant No. 1 and for a declaration that the said loss (loan) was repaid. The plaintiff also claimed a decree for permanent injunction restraining the Defendant No. 1 from claiming any right of ownership in the property in suit in terms of the deed of sale.

( 3 ) IT has been alleged by the plaintiff that she is the sole heiress and legal representative of her late father Tara Pada Pal who died on 2nd May. 1971. Her father owned the properties described in the schedule to the plaint. After the death of th

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