1. By this second appeal under S.100 of the Code of Civil Procedure, 1908 (for short 'CPC'), the appellants have challenged legality and propriety of the judgment & decree dated 5.11.93 passed by the First Additional District Judge to the Court of the District Judge, Raipur, in Civil Appeal No.76 - A / 91, reversing the judgment & decree of dismissal of the civil suit dated 5.12.84 passed by the Third Civil Judge Class - II, Raipur, in Civil Suit No.468A / 84.

2. Present second appeal was admitted for consideration on 1.7.94 on the following substantial question of law:
"Whether the transaction entered into between the parties, Ext. P1 is a mortgage or a sale outright ?"

3. As per claim of respondent No.1 Rahi Bai, Rahi Bai has purchased the suit property bearing khasra No.720 area 1.38 hectare situated at village Tulsi P.H.No.111, district Raipur vide registered sale deed dated 15.4.1976 on payment of consideration of Rs.3000/- and obtained possession, name of respondent No.1 has been mutated vide order dated 16.3.79. The appellants have committed theft of the crop shown by respondent No.1, then respondent No.1 has lodged the F.I.R., she was dispossessed by the appellants in the