This is the defendants second appeal and has arisen in the following circumstances:-

A suit for the recovery of possession of 3 kanals and 6 marlas of land specified in the plaint situate in village Udarana, Tehsil Bhaderwah, was instituted in the Court of Subordinate Judge, Bhaderwah on 7th Chet 2007. In the plaint it was admitted that possession of the land had been delivered to the defendant by the plaintiffs father, Akbar Joo, and an agreement to sell this land had been executed by him and that after his death on 25th Chet, 2005, the present plaintiffs had executed a fresh agreement to sell in favour of the defendant.

But it was alleged that the transaction that had taken place between the parties was really a mortgage and as the defendant had obtained enough benefit from the land possession should be restored to them free from any encumbrances. It was also averred that on 26th Chet 2005, i.e., one day after the plaintiffs had executed the agreement to sell in favour of the defendant, the defendant had also executed a document in their favour in which he had made a promise that he would deliver back possession on getting back Rs. 140/-to the plaintiffs.

The defendant in his writte

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