( 1 ) THIS Revision Application arises out of a debt adjustment application preferred by the petitioner and it raises a short question of construction of sec. 55 (6) (b) of the Transfer of Property Act. On 26th April 1954 the petitioner executed a sale deed in favour of one Magan Jiva purporting to sell a field bearing Survey No. 136 situate in Wadhwan City Surendranagar District. The price that was paid by Magan Jiva to the petitioner for the field was Rs. 2 200 The petitioner thereafter preferred an application for adjustment of his debts under sec. 4 of the Saurashtra Agricultural Debtors Relief Act 1954 in the Court of the Civil Judge Junior Division Wadhwan. Magan Jiva vas impleaded as creditor No. 4 in the application. The petitioner alleged that the transaction embodied in the sale deed dated 26th April 1954 was in the nature of a mortgage and he claimed adjustment of the debt due under the mortgage and possession of the field from Magan Jiva. Magan Jiva contested the application and his contention was that the transaction was an outright sale and was not in the nature of a mortgage and the petitioner was therefore not entitled to maintain the application against him. The point at issue between the parties before the learned Civil Judge therefore was whether the transaction which on the face of the sale deed dated 26th April 1954 appeared to be an outright sale was in the nature of a mortgage. Both the parties led evidence before the learned Civil Judge on this issue and after the evidence was closed arguments were addressed to the learned Civil Judge on this point. At the hearing of the arguments an alternative contention was put forward on behalf of the petitioner and that is the contention which has been principally argued before me in the present Revision Application namely that even if the transaction embodied in the sale deed dated 26th April 1954 was a sale it was hit by sec. 4 of the Saurashtra Attachment of Agricultural Debtors Property (Temporary Exemptions) Act 1954 which was in the force from 17th April 1954 to 31 July 1954 and Magan Jiva was therefore entitled to a charge on the field for the purchase price paid by him to the petitioner under sec. 55 (6) (b) of the Transfer of Property Act and the debt under this charge should be adjusted and the possession of the field should be handed over to the petitioner. On the main contention the learned trial Judge after carefully considering the evidence came to the conclusion that the transaction was a transaction of outright sale and was not in the nature of a mortgage and the applicant was therefore not entitled to adjustment of the mortgage debt as claimed by him. The alternative contention was also rejected by the learned Civil Judge on the ground that it was beyond the jurisdiction of the Courts under the Saurashtra Agricultural Debtors Relief Act 1954 to examine whether the transaction of sale was hit by any provision of law invalidating transfers of agricultural lands by agricultural debtors and the learned Civil Judge accordingly declined to go into the question whether the transaction of sale was void by reason of sec. 4 of the Saurashtra Attachment of Agricultural Debtors Property (Temporary Exemptions) Act 1954 The learned Civil Judge in the result rejected the application of the petitioner against Magan Jiva. The petitioner thereupon preferred an appeal in the District Court Surendranagar. It appears that in the meantime Magan Jiva died leaving him surviving respondents Nos. 4 (1) to 4 (9) as his heirs and legal representatives and respondents Nos. 4 (1) to 4 (9) were therefore impleaded as party respondents in the appeal. Before the lower appellate Court the same two contentions were urged on behalf of the petitioners and the lower appellate Court rejected both the contentions. The lower appellate Court held that the transaction embodied in the sale deed dated 26th April 1954 was a transaction of sale and was not in the nature of a m