BIND BASNI PRASAD, J.

( 1 ) THIS is a plaintiffs appeal arising out of a suit for redemption of a mortgage. On 3rd January 1936, the plaintiffs appellants executed ostensibly a deed of sale in favour of the defendant-respondent in respect of a house situated in the city of Agra for a sum of Rs. 150 only. Towards the end of this deed there was the following condition to the sale:

"there is one important condition which has been agreed to between the parties. If within the period of three years I, the vendor, pay Rs. 150 in a lump sum to the vendee I shall be entitled to the house and at my own expense I shall cause a sale-deed to be executed in my favour by the vendee. Otherwise after the expiry of the period fixed above this deed of sale will become a deed of absolute sale. I have, therefore, executed this deed of conditional sale providing for a period of three years in favour of the vendee. "

( 2 ) ON the same date, the appellant executed a rent deed also in favour of the defendant, respondent. It begins with a recital that the appellant had executed a deed of conditional sale on the same day. It provides that the appellant shall continue in possession of the house on a monthly ren

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