BHAVUTI Vs. ALAM

JUDGEMENT

(1.) This appeal is filed by the plaintiff who has died during the pendency of the appeal and his legal representatives have been substituted. A bench of this Court had admitted the appeal on the following substantial question of law:-

(2.) The facts giving rise to filing of the appeal, briefly stated, are that the original plaintiff filed a suit inter alia on the ground that the defendant nos. 1 and 2 are money lenders.

(3.) The defendant nos. 1 and 2 filed a written statement in which inter alia it was pleaded that they are not money lenders. The defendants had entered into an agreement for sale with the plaintiff and on receipt of part of the sale consideration, possession of the land in question was handed over to the defendants. It was further pleaded that defendants are ready and willing to perform their part of contract and therefore, entitled to benefit of Section 53-A of Transfer of Property Act, 1882( hereinafter referred to as 'the Act').