( 1 ) - This appeal is directed against the passing of a final decree in a suit for foreclosure. The plaintiff-respondent No. 1 filed a suit in the City Civil Court; Calcutta, against the defendant-appellant and one Sri R. K. Mitra, appointed as Receiver in Partition and Administration Suit No. 2729 of 1968, pending in this Court, for passing of a preliminary decree for foreclosure under Order 34 Rule 2 of the Code of Civil Procedure on the allegation that by a registered Deed of Mortgage by way of conditional sale, dated 6. 6. 68, the appellant for a consideration of a sum of Rs. 4,000 ostensibly sold his undivided 1/9th share in Premises No. 155-B, Mahatma Gandhi Road, Calcutta (hereinafter called the suit property) to the plaintiff on condition that in default of payment of the principal sum of Rs. 4,000 with interest at the rate of 9% per annum and all interest and expenses incurred by the plaintiff in respect of his claim under the Deed of. Mortgage on or before 5. 9. 69, the Sale should become absolute. On alleging that the appellant has failed to make any payment of the principal amount together with interest and other incidental charges by 5. 9