GITABAI Vs. UTTAM SINGH

JUDGEMENT

(1.) THIS is plaintiffs second appeal under section 100 of the Code of Civil Procedure against the judgment of affirmance.

(2.) PLAINTIFF filed the suit for recovery of possession. 1st Civil Judge, Class II, Narsinghpur, by judgment and decree dated 22.12.1983, passed in Civil Suit No. 57-A of 1978, dismissed the suit. Aggrieved by the same, plaintiff preferred appeal and the Additional District Judge, Narsinghpur, by judgment and decree dated 1.7.1988 passed in Civil Appeal No. 2-A/1984, dismissed the appeal. Aggrieved by the same, plaintiff has preferred this appeal. By order dated 18.2.1989, appeal has been admitted on the following substantial question of law :

(3.) DEFENDANTS resisted the relief claimed by the plaintiff and according to defendant No. 1 document executed on 7.1.1977 was meant for the security of loan. According to him, he had to pay the loan to the Bank and in order to obtain the same from the plaintiff's father, document in question has been executed as a security for loan. It is the assertion of defendants that defendant No. 1 was paid only Rs. 400/- and it was promised that amount of Rs. 1600/- shall be paid at the time of registration of the document, but he did not pay the said amount to defendant No.1. It is the stand of defendants that when defendant No. 1 went to pay the principal sum of Rs. 400/- with interest, plaintiff s father refused to accept the same and for that defendant No. 1 has given notice to the plaintiff as also her father. It is the specific stand of the defendants that document dated 7.1.1977 has been executed for security of loan.