N.S. Ramaswami, J.- The only question in this appeal under the Letters Patent is whether the document, Exhibit A-I, is a mortgage by conditional sale or whether it is an outright sale, with a right to re-purchase. The suit was for redemption by the executants of the document Exhibit A-1, on the footing that that was a mortgage by conditional sale. The defendant contended that it is an outright sale with a right to re-purchase and that the plaintiffs having not exercised their right to re-purchase, they have no further remedy. The first two Courts held that the document was an outright sale and therefore the plaintiffs were not entitled to redemption. However, on a second appeal filed by the plaintiffs, Venkatadri, J., reversed the finding of the Courts below and allowed the appeal, holding that Exhibit A-I is a mortgage by conditional sale. Now, the defendant in the suit has filed this Letters Patent Appeal.

2. The terms of Exhibit A-1 are that the property in question was sold for a sum of Rs. 3,826-50, consisting of five items of consideration, and the property would be reconveyed if the vendors (the plaintiffs in the suit) repaid the said sum of Rs. 3,826-50 after five years and

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