1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIAL APPELLATE JURISDICTION SECOND APPEAL NO. 329 OF 2008 Daud Qasim pathan ........Appellant versus Subhash Shivaji Deshmukh......... Respondent. Mr. A.G. Toraskar for the Appellant CORAM: R. V. MORE, J. DATED : 29th September, 2008. P.C.: 1. Heard the learned counsel for the appellant. The appellant is the original Plaintiff. Suit is filed for declaration and injunction. The appellant claims right to the suit property,. There is no dispute that the grand father of the appellant was the original owner of the suit property. The grand father entered into a transaction with the predecessor in title of the present respondent in the year 1907. According to the appellant, this transaction is a mortgage and not a out right sale. Both the trial court as well as the lower appellate court concurrently held that the transaction between the appellant's grand father and predecessor in title of the respondent is that of out right sale. 2. The learned counsel for the appellant could not point 2 out anything to substantiate his case of mortgage. Evem on the issue of possession the lower appellate court recorded finding in favour of the respondent. In that view of the matter, I do not find error in the inmpugned order much less any substantial question of law. Appeal is devoid of any merit and is therefore dismissed. ( R.V. MORE, J.)