RAMASWAMY Vs. M LOBO

JUDGEMENT

(1.) It is a defendant's appeal.

(2.) The defendant-appellant herein was the owner of the property in dispute. It is not disputed that on 13-12-1965 the appellant transferred the said property in favour of the plaintiff-respondent by means of a registered sale deed dated 13-12-1965. The respondent, after having become the owner of the property, leased out the said premises on rent to the appellant on the same date i. e. 13-12-1965. It appears that the defendant-appellant committed default in payment of rent and, therefore, the respondent filed a suit for recovery of rent from the appellant. In the said suit the appellant, inter alia, took the plea that since the land was an agricultural land, the suit filed by the respondent was not maintainable in the civil court and that the registered sale deed was in fact a security for the loan advanced by the respondent to him. The trial court dismissed the suit on the ground that the suit land was an agricultural land and further that the sale deed executed by the appellant was in the nature of security for the loan transaction. The appeal preferred by the respondent was allowed by the first appellate court and the suit was decreed. The second appeal preferred by the appellant was dismissed by the High court. It is against the said judgment the appellant is in appeal before us.

(3.) Heard counsel for the appellant. Learned counsel for the appellant urged that the land being an agricultural land, the suit filed by the respondent in the civil court was not maintainable. The first appellate court as well as the high Court have recorded concurrent finding of fact that what was sold to the respondent was houses and not the land and further, the houses were assessed to the house tax. This, being the finding of fact, it is not open to challenge in this Court. Learned counsel then urged that the sale deed was in fact a security for the loan advanced by the respondent to the defendant-appellant and, therefore, there is no relationship of landlord and tenant between the parties. This argument is noticed only to be rejected. It is not disputed that the sale deed is a registered document and, therefore, no oral evidence could be adduced to show that no title passed on to the respondent under the sale deed.