S.D.Bajaj, J.

1. The plaintiff-respondent Smt. Pushpawati mortgaged the shop No. 6 forming part of Rekhi Mansion situated outside Rekbi Cinema Ludhiana. in favour of defendants for Rs. 5000/- vide registered mortgage deed dated 10th September, 1970, copy Exhibit P.W. 2/B, for a period of one year. Alleging that the defendants had not redeemed the mortgaged property in dispute on the expiry of one year period. plaintiff-respondent filed before the learned trial court a suit for recovery of possession of the mortgaged property by redemption on payment of Rs. 5,000/- on 17th January, 1972.

2. The suit was contested by defendant appellant alleging that the alleged mortgage was a sham transaction and in reality defend and appellant had taken the shop on rent on payment of monthly rent at the rate of Rs. 150/- per mensem. A sum of Rs. 1800/- was alleged to have been paid in advance simultaneously with the execution of the alleged mortgage deed on account of rent for the stipulated period of one year and that further rent at the agreed rate had also been duly paid upto December, 1971. It was stated that the amount of Rs. 5,000/- was, or course, to be returned to defendants