ISSUE:
Does the plaintiff prove that Defendant 2 mortgaged the suit field with Defendant 1 for Rs. 1500 on 24-3-1971 ?
Does the plaintiff prove that the suit field was purchased by him from Defendant 2 for Rs. 5000 on 19-6-1973 ?
Is the plaintiff entitled to redeem the mortgage executed by Defendant 2 in favour of Defendant 1?
Was Defendant 2 ready and willing to purchase the suit field prior to 15-3-1971 ?
Is the plaintiff entitled to claim retransfer of the suit field from Defendant 1 ?
RULE:
A person in his capacity as a defendant can raise any legitimate plea available to him under law to defeat the suit of the plaintiff. This would also include the plea that the sale deed by which the title to the property was intended to be conveyed to the plaintiff was void or fictitious or, for that matter, collusive and not intended to be acted upon.
