( 1. ) APPELLANT/defendant No. 1 has filed this Second Appeal against the judgment and decree dated 28-1-2006 passed by II Additional District Judge, mandsaur in Civil Regular Appeal No. 42-A/05, reversing the judgment and decree dated 4-4-2005 passed by Civil Judge, Class II, Mandsaur in Civil Suit no. 277-A/02.

( 2. ) THIS second appeal was admitted on 15-2-2008 on following substantial questions of law:-

(a) Whether in the facts and circumstances of the case the learned Lower Appellate Court was right in holding that the transaction in question was mortgage and not a sale outright sale ?

(b) Whether the impugned judgment and decree as passed by the learned Lower Appellate Court suffer from perversity ?

( 3. ) BRIEFLY stated, the plaintiff-respondent No. 1 Khalil filed a suit against the appellant No. 1 for redemption of land bearing Survey No. old 82, new No. 350, 0. 4 hectare situated at Village Bajkhedi, Tehsil Mandsaur. It was averred by the plaintiff that his father Mohinuddin had mortgaged the said land by an agreement dated 10-12-1980 for Rs. 1300/- with the appellant/defendant no. 1. As per the terms of the said agreement dated 10-12-1980 the plaintiffs father Mohinud