(1) SA. 506.2004 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 506 OF 2004 Ansar Khan s/o Mansoor Khan and anr. .. Appellants VERSUS Murlidhar s/o Santoba Shinde died through LRs. and others .. Respondents Mr. S.V. Gangapurwala, Advocate for the appellants Mr. Prashant Deshmukh, Advocate for the respondent nos. 1A to 1F CORAM : A.V. NIRGUDE, J. DATED : 27TH JANUARY, 2010 ORAL ORDER:- 1] The Second Appeal is filed challenging the concurrent findings recorded by the Courts below that the sale transaction between the parties was an out and out sale and not a mortgage as contended by the appellants/plaintiffs. 2] The facts leading to the litigation are as follows:- . Initially, Mansoor Khan, father of the appellant no.1, agreed to sell the suit land to the respondent and an agreement to that effect was scribed on 23.07.1970. This agreement has been proved. In this document, there is no indication (2) SA. 506.2004 that Mansoor Khan the original owner of the suit property had no intention to sell the property. As if that was not enough the respondent filed a suit for specific performance of the said agreement in 1973. The respondent and original owner Mansoor Khan then entered into a compromise whereby Mansoor Khan executed the sale deed on 29.1.1974. It is not in dispute that the respondent was put in possession of the suit land. Sometime prior to 1981, Mansoor Khan died. The appellants-son and widow of Mansoor Khan filed the present suit in 1981 saying that the transaction between the respondent and the deceased Mansoor Khan was not an out and out sale, but it was a mortgage. They contended that the respondent had agreed to re-convey the land on redemption and delivered possession of the same to Mansoor Khan or his heirs after 7 years from the date of the sale deed. 3] The Courts below, did not believe the case of the appellants. In view of this, there is hardly any substantial question of law arising in this appeal. The Appeal should therefore, fail. The Second Appeal stands dismissed. Sd/- (A.V. NIRGUDE, J.) arp