LAWS(SC)-2006-2-27

BISHWANATH PRASAD SINGH Vs. RAJENDRA PRASAD

Decided On February 24, 2006
BISHWANATH PRASAD SINGH Appellant
V/S
RAJENDRA PRASAD Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the Judgment and Order dated 11th September, 1988 passed by a learned Single Judge of the Jharkhand High Court, Ranchi in Appeal from Appellate Decree No.176 of 1988 whereby and whereunder a second appeal preferred by the respondents herein from a Judgment and Decree dated 18.7.1988 passed by the 6th Additional District Judge, Palamau at Daltonganj in Title Appeal No.26 of 1987 setting aside the Judgment and Decree dated 27.6.1987 passed by Munsif, Daltonganj in Title Suit No.11 of 1986, was allowed.

(3.) The respondents herein filed a suit against the appellant, inter alia, for a declaration that the transaction dated 24.6.1977, although ostensibly expressed in the shape of a deed of sale, was in fact a transaction of usufructuary mortgage and for a further declaration that the said transaction stands redeemed under Section 12 of the Bihar Money Lenders Act, 1974. The respondents herein further sought for a decree directing the appellant to deliver vacant possession of the suit land to them, failing which they might be put back in possession thereof through the process of Court. The respondents averred that they were occupancy raiyats of the suit land. The appellant herein allegedly gave an advance of Rs.3,000/- on their executing a deed of usufructuary mortgage in respect of the suit land. However, allegedly the appellant asked them to execute a deed of sale on the ground that he did not possess any money lending licence, whereupon indisputably such a deed was executed on 24.6.1977. The appellant in turn executed a registered deed of agreement in his favour whereby and whereunder the respondent agreed to execute a deed of reconveyance on his receipt of the said sum of Rs.3,000/-.