The plaintiffs in O.S. No. 47 of 1947 on the file of the Court of the Subordinate Judge of Narasapur appeal against the dismissal of their suit for redemption of properties which they along with the fourth defendant conveyed to one Venkataramaraju under a deed of sale dated 20th January, 1932. On the same day as the sale deed there was an agreement to reconvey executed by the vendee under the sale deed. The contention on behalf of the appellants was that tooth these documents embody a single transaction which was either a mortgage by conditional sale or an anomalous mortgage. In this view they claimed redemption of the same. There were also other allegations challenging the validity of the transaction, but the learned Subordinate Judge found against them and we are not concerned with them in this appeal.

The defence to the claim for redemption was twofold. The contesting respondent, namely, first respondent, who is the son of Venkataramaraju, pleaded that it was not open, in view of the Proviso to section 58(c) of the Transfer of Property Act to contend that the transaction should be held to be a mortgage as the agreement to reconvey was not embodied in the document