( 1 ) THIS is a plaintiff's second appeal under S. 100 of the Code of Civil Procedure (to be called as "code" only ).

( 2 ) BALRAM Kirar (since deceased LRs. brought on record to be called as plaintiff only ). On 28-8-1978 filed a civil suit for declaration that document dated 9-1-1967 is not a sale deed but is a mortgage deed and for possession of argicultural land khasra No. 4 area 27. 62 situate in village Ghogra-purakhakrapura, district Hoshangabad. As per plaint the plaintiff was in need of money and had approached Ram Ratan (R. 2) for taking loan on which Ram Ratan insisted that the plaintiff has to mortgage his land. Ram Ratan (R. 2) is a money lender who advances loan to villagers and gets executed sale deeds of their lands. On 9-1-1967 the plaintiff went to the Sub Registrar's office Hoshangabad and Ram Ratan (R. 2) got his thumb mark on certain papers without reading over the contents thereof. It was agreed between the parties that Ram Ratan (R. 2) would take the usufruct of the land and trees in lieu of interest. On O. 70 acres of land on which the house and bada of plaintiff was situated was to remain in possession of the plaintiff. Later in year 1975,