JUDGMENT :

Harish Tandon, J.

1. Both the Courts below held that the purported sale-deed dated 17.02.1976 executed by the plaintiff-respondent in favour of the defendant-appellant is an out and out sale but a security given to the loan advanced by the appellant. It is relevant to record that the suit was decreed ex-parte and the appeal assailing the said ex-parte decree is also dismissed by the First Appellate Court.

2. The salient facts of the case as appears from the plaint annexed with the application (CAN 1 of 2022) are narrated as under:

3. The father of the plaintiff no. 1 respondents and the grandfather of the rest of the plaintiffs owned and possessed the suit property described in the schedule appended to the plaint as absolute owner thereof. The said original owner borrowed a sum of Rs. 1000/- from one Kishori Mohan Ghosh of the same village for a period of 3 years at the rate of interest of Rs. 11.2/3 Per cent per annum by executing an ostensible deed of sale dated 13.07.1959 for Rs. 1350/- representing the principal amount of Rs. 1000/- and the interest at Rs. 350/-. Upon payment of the principal as well, the interest the interest the said Kishori Mohan Ghosh re-conveyed the