The suit (No. 6 of 1952 of the Sub-Judges Court, Manipur) which has given rise to the appeal was brought by the plaintiff-appellant for adjudging the sale deed dated 14-9-1946 executed by the plaintiff in favour of Moirangthen Mani Singh, respondent 2, Ex. A-2 as void and for recovery of Rs. 17,700/- as mesne profits on the allegation that he and defendants 1 to 3 were members of the Manipur Drivers Union Co-operative Association Ltd., and the plaintiff took a loan of Rs. 2500/- on 14-9-1946 from the Manipur Drivers Union through defendant 2 the then Secretary after pledging his lorry No. 427 A.S.M., but he executed the deed Ex. A-1 in the form of a sale deed.

The plaintiff further alleged that even though the deed in question was in the form of a sale deed it was really a mortgage by conditional sale as he promised to repay the loan and take back the lorry within one month. Lastly the plaintiffs allegation was that the loan was satisfied by him within the prescribed time limit by giving a jeep to defendant 2 and then the receipt dated 15-10-1946 Ex. P-A was obtained by him.

The lorry was kept in the custody of defendant 2 on the understanding that the plaintiff would get th