CHHOTU DHANAIYA BAI Vs. GANGA PRASAD

JUDGEMENT

(1.) By this second appeal under Section 100 of the Code of Civil Procedure, 1908, the Appellants have challenged legality & propriety of the judgment & decree dated 30-4-93 passed by the 1st Additional District Judge, Bilaspur in Civil Appeal No. 21 -A/87 reversing the judgment & decree dated 14-7-87 passed by the 4th Civil Judge Class-11, Bilaspur in Civil Suit No. 135A/82, whereby learned Civil Judge Class-II has decreed the suit for declaration of title and recovery of possession.

(2.) The present appeal is admitted for consideration on the following substantial questions of law:

(3.) As per pleadings of the parties, original Plaintiff Chhotu (since deceased) predecessor-in-title of the Appellants herein was owner of the property area measuring 3 acres situate at Village Dongri, Block Bilha, District Bilaspur; he was in need of money as such, he mortgaged Ms property by executing registered deed in the style of sale deed on 30-1-75; and obtained loan of Rs. 1,000/- from Respondents No. l to 3 herein. Possession was delivered to Respondent No. l Ganga Prasad for four years in lieu of interest, but Respondent No. 1 has sold the property to Respondents No. 2 & 3 and, therefore, Chhotu has filed suit for declaration of title and recovery of possession. By filing separate written statements, Respondents No. 1 to 3 have contested the claim and had specifically alleged that Respondent No. 1 has purchased the property from Chhotu, he has not mortgaged the property of Chhotu and he has not obtained possession on the same day as per the claim of Chhotu and the transaction was barred under Section 14 of the Chhattisgarh Samaj Ke Kamjor Vargon Ke Krishi Bhumi-Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (for short 'the Act'). Chhotu has filed petition under the provisions of the Act, same was dismissed and, therefore, suit in the present shape is not maintainable. After affording opportunity of hearing to the parties, learned Civil Judge Class-U has decreed the suit, same was challenged before the lower appellate Court and by reversing the judgment & decree of the trial Court, the lower appellate Court has dismissed the suit filed on behalf of Chhotu.