P.N.BHAGWATI
NADODA KHIMA KESHAR – Appellant
Versus
STATE of Bombay – Respondent
( 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 a
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