( 1. ) THIS is a second appeal by the plaintiff. The facts as found by both the Courts below are that the defendant executed a sale deed dated 12th July 1960 for a consideration of Rs. 400/-in respect of certain plots of land. The plaintiff filed the present suit in 1964 for possession over the property from the defendant on the ground that be had purchased the property from the defendant by means of a sale deed. The defendant in the written statement pleaded that the transaction between the parties was not that of a sale at all but the defendant had borrowed Rs. 400 /- from the plaintiff at Rs. 3 and 2 annas per cent per annum interest and in order to secure the repayment of this amount this document was executed. Paragraph 2 (c) of the written statement is as follows : "the parties had further agreed that on repayment of the loan with interest, the sale deed would be returned to the defendant by the plaintiff. " According to the defendant, therefore, the sale deed was executed in order to secure the loan which the plaintiff had given to the defendant and that this sale deed was to be returned to the defendant, i. e. , the sale was to be deemed cancelled when the amount