IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.267 of 2002 KAMAL NATH JHA Versus KUSHESHWAR YADAV ----------- 14/ 07-07-2008 Heard learned counsel for the appellant. This second appeal arises out of Title Suit No. 1 of 1994 which was filed by the plaintiff/ appellant for directing the defendant/ respondent to execute a deed of retransfer in the light of mortgage by conditional sale executed by the plaintiff in favour of the defendant and if the defendant does not execute the deed of retransfer it may be executed through the process of the court. The said suit was dismissed by the learned Munsif Ist, Madhubani by judgment and decree dated 30.11.1996 which was challenged by the plaintiff in Title Appeal No. 4 of 1997 which was also dismissed by learned 2nd Additional Sessions Judge, Madhubani by judgment and decree dated 6.7.2002. Against the said judgments and decree of the learned courts below the instant second appeal has been filed by the plaintiff/ appellant. Both the learned courts below have specifically found that there had been interpolation in the sale deed in question dated 13.1.1986 ( Exhibit- A) after the sale deed was presented for registration and the plaintiff admitted the execution. It was also concurrently found by the learned courts below that the said interpolation has been made after registration only with a view to change the nature of document from sale to conditional sale as no one - 2 - was ready to take the land in mortgage due to present legal position. The learned courts below also found that the document in question, namely, Exhibit- A, is out and out a sale deed and it cannot be said to be a mortgage by conditional sale. It was also found by the learned courts below that even the provision of section 20 of the Indian Registration Act was not complied . In the aforesaid facts and circumstances, the impugned judgments and decree of the learned courts below are covered by findings of facts and no substantial question of law appears to have been involved in the instant second appeal, which is accordingly, dismissed. B.Tiwary/ ( S. N. Hussain, J )