RAMA DEVI Vs. DILIP SINGH

JUDGEMENT

(1.) In this appeal by special leave the facts have been taken from the judgment of the first appellate Court as they have not been detailed in the judgment of the High Court.

(2.) The plaintiff-appellant Rama Devi executed a mortgage/sale deed dated 15th May 1974 for 6 Bigha and 10 Biswas out of her total land area of 12 Bigha 1 Biswa for Rs.13,000/- as she needed funds for her business. In the document aforesaid, it was recited that in case the amount of Rs.13,000/- plus interest at the rate of 24% per annum was returned to her within a period of 5 years the land would be re-conveyed to her. It is the case of the appellant that she had made a request to the respondent within the aforesaid period for re-transfer but the respondent had refused to accede thereto. This refusal prompted the appellant to issue two notices dated 27th April 1979 and 9th April 1981 to the respondent but he refused to accept the same but under the influence of the local people he returned the possession of the land to her in June 1984. As the necessary re-conveyance had not been executed by the respondent, the appellant filed a suit praying that:

(3.) The defendant respondent admitted the execution of the document dated 15th May 1974 but contested the suit on various grounds. On the pleading of the parties the following issues were framed: