This is an appeal preferred against the decree and judgment of the learned Subordinate Judge of Cuddalore in A.S. No. 158 of 1951 reversing the well-considered order of the learned District Munsif of Kallakurichi in O.P. No. 12 of 1950.

The facts are: Exhibit A-1 is the document in question. It is described to be a sale executed by the appellant in favour of the respondent’s father, for a consideration of Rs. 800. The consideration consists of three items, viz., (1) Rs. 300 due by the vendor on a usufructuary mortgage in favour of one Karuppan which was directed to be discharged by the vendee; (2) Rs. 120 being the sale price of the house purchased by the vendor from the vendee and (3) Rs. 380 being the cash stated to have been received by the vendor for discharging a mortgage debt in favour of one Sembarampettu Soki Kanakam. This document contains a clause which reads as follows:

“If from to-day within six years I pay the aforesaid amount, I shall take a conveyance of this-property from you. If I do not, you will retain the property.”

The contention of the appellant was that it is a mortgage by conditional sale liable to be scaled down and the contention of the respondents wa