This appeal arises out of a suit for redemption of a mortgage by conditional sale. The trial Court, on a construction of the document, Exhibit A-9 which is an ostensible sale, dated 19th May, 1942, held that the document evidenced a mortgage transaction, i.e., a mortgage by conditional sale, and that the plaintiff was entitled to redeem. In appeal, the learned District Judge took a contrary view and held that the document amounted to an absolute sale and that therefore there was no question of any redemption arising in the case.

The plaintiff purchased the suit properties from one Ranga Rao under Exhibit A-10, dated 29th January, 1949. Exhibit A-9, which purports to be a sale deed, was executed by Ranga Rao in favour of the defendant for a consideration of Rs. 900. It is conceded that the sum of Rs. 900 mentioned as consideration was the amount of a pre-existing debt due by Ranga Rao to the defendant and for that sum the document was executed. The following recitals in the document may be extracted for appreciating the contentions regarding its construction:

"From now, you shall, with absolute right, become the swadheenagar (owner), get the said property entered in the patta