TRIVENI PANDEY Vs. GANGA PRASAD

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS is plaintiff's (since dead, through her legal representatives) Second Appeal directed against Judgment and Decree dated 23.09.2000 passed in Civil Appeal No. 67 -A/1999 affirming the Judgment and Decree dated 17.03.1998 passed in Civil Suit No. 92 -A/1999.

(3.) DEFENDANT denied the plaint allegation contending inter alia that the suit land belonged to one Dilip Singh who in 1961 mortgaged it with Co -Operative Bank, Chhindwara, in lieu of the loan of Rs. 500. Since Dilip Singh defaulted, one of the portion of mortgaged property was put to auction on 19.3.1969 it was auctioned for Rs. 1,100. That Balkishan defendant No. 1's father was indebted to the tune of Rs. 4,160 and in order to pay back the loan borrowed money from plaintiff's husband and kept the sale deed with him as a security for due repayment. The sale on 16.6.1969 was not an outright sale. Defendants also objected to the maintainability of the suit on the strength of the provisions of M.P. Samaj Ke Kamjor Vargon Ke Krishibhumi Dharakon Ke Udhar Dene Walon Ki Bhumi Hadapne Sambandhi Kuchakron Se Paritraman Tatha Vimukti Adhiniyam, 1970.