1. This appeal is against the judgment of Choudhuri J., (with the leave of the learned Single Judge) in Second Appeal No. 206 of 1947 decided on 30-1-1952.

2. The present appellant is the plaintiff who wrought his suit to enforce a right of redemption on respect of what he said was a mortgage dated 26-6-1940 (Exhibit D-l). The two Courts below held that the document in question was a deed of mortgage and that the appellant was entitled to redeem the mortgage.

The learned Single Judge reversed the concurrent decision of the two Courts below, holding that the transaction was an absolute conveyance of the property with merely an option of repurchase.

3. It was also contended in the Courts below by the plaintiff-appellant that the transaction itself was invalid in view of die provisions of S. 15(1), Relief of Indebtedness Act, because on the date of the transfer an application For conciliation of the plaintiff -mortgagor's debts was pending before the Debt Relief Court.

This point, which was decided in favour of the appellant by die learned Judge of the first appellate Court, appears to have been lost sight of by the learned Single Judge, and no decision on it has been rendered- At