JUDGMENT :- This second appeal raises the question whether the document dated 6-12-1113, Ex. A. in the case is a mortgage by conditional sale or an outright sale with an option to repurchase.

2. The circumstance under which this document came to be executed are not in dispute. The defendant in the suit O. S. No. 577 of 1950 on the file of the Principal District Munsifs Court, Nagercoil, obtained a decree against the plaintiff in O. S. No. 820 of 1112 on the file of the Additional District Munsif, Nagercoil, for recovery of a sum of money. The plaintiff in this suit made an application before the Debt Conciliation Board in C. A. 138 of 1113 for an amicable settlement of all his debts under the provisions of an enactment prevailing in Travancore.

It appears, though there is no specific evidence on the point, that the Debt Conciliation Board brought about a settlement of the debt and in pursuance of an arrangement between the plaintiff and the defendant in consonance with the decision-of the Board the plaintiff executed in favour of the defendant, Ex. A, for a consideration of Rs. 1025. The terms of this document will be referred to later.

The plaintiff sought to recover possess