RANJEET SINGH Vs. RADHESHYAM

JUDGEMENT

(1.) With consent of both the parties, the appeal is heard at motion stage.

(2.) This Second appeal under Sec. 100 of Civil Procedure Code, 1908 (for brevity, CPC) has been filed by the appellant against the judgment and decree dtd. 24/7/2023 passed by District Judge, Depalpur, District Indore in Civil Suit No. RCA Nos.81/2021 and 85/2021 whereby the learned trial Court allowed the respondent no.1/plaintiff's appeal (RCA/85/2021), thereby declaring the usufructuary mortgage as redeemed and dismissed the appeal (RCA/81/2021) presented by the appellant/defendant, further ordered the appellants to vacate the suit land within two months.

(3.) The respondent no.1/plaintiff claims that in the year 2000, he had taken loan from the appellant/defendant on two occasions and after paying the entire amount taken, he asked for handing over the possession of the land. On this, the appellant/defendant refused to give the respondent no.1/plaintiff the possession of the land by telling that the amount of interest was still pending from the loan amount and taking advantage of the respondent no.1/plaintiff 's illiteracy, appellant/defendant made all calculations. On 29/8/2000, while executing a new agreement, respondent no.1/plaintiff assured the appellant/defendant to hand over the mortgaged land after getting the entire amount mentioned in the agreement, from the produce of the land and accordingly, after the complete calculation, appellant/defendant handed over the ownership of the land to the respondent no.1/plaintiff in the year 2009, on which the respondent no.1/plaintiff sowed soybean crop, but appellant/defendant threatened the respondent no.1/plaintiff and forcefully harvested the crop, regarding which the respondent no.1/plaintiff filed a First Information Report (Article 1) at Depalpur Police Station on 29/9/2009.