( 1 ) THIS is a civil revision application against an order passed by the learned Extra Assistant Judge Mehsana sitting at Amreli by which order the learned Extra Assistant Judge set aside an order passed by the learned Civil Judge Jr. Dn. Amreli by which order the learned Civil Judge had dismissed an application made by a debtor under sec. 4 of the Bombay Agricultural Debtors Relief Act 1947 holding against the debtor that the transaction which was the subject-matter of the applica- tion was not in the nature of a mortgage.

( 2 ) THE facts leading to this revision application are this way. The original applicant-debtors (Punja Mavji) case was that he had passed a conditional sale of his land S. No. 11 admeasuring 20 bighas and 3 vasas for a sum of Rs. 500. 00 on 11th November 1929 in favour of Vala Puna and Nanji Narshi who were original opponents Nos. 1 and 2. The applicants allegation was that the real nature of this transaction was that of a mortgage and that these respondents had passed an agreement to reconvey the said land within 3 years of the date of the transaction on repayment of the moneys advanced. The possession of the land however continued with the ap