GARIBULLA MONDAL Vs. ESMAIL MONDAL

JUDGEMENT

(1.) This is an application in revision on behalf of the debtors, and is directed against an order passed by the Additional District Judge of 24-Parganas under Section 40A, Bengal Agricultural Debtors Act.

(2.) The relevant facts necessary for determining the matter in dispute may be shortly stated. In 1921 a conveyance was executed by the predecessor-in-interest of the debtors petitioners in favour of the predecessor-in-interest of the opposite parties in respect of a certain share in different plots of land. An agreement for reconveyance was also executed immediately thereafter by the purchaser in favour of the predecessor of the debtor. The dispute between the parties is as to whether these transactions were in essence a loan governed by the provisions of the Bengal Agricultural Debtors Act or not.

(3.) On 2-10-1942, the predecessor-in-interest of the debtors petitioners applied before the Special Debt Settlement Board at Basirhat under Section 8, Bengal Agricultural Debtors Act for the settlement of his debts treating the transaction referred to above as a loan. Some of the heirs of Farsed Mondal, the predecessor-in-interest of the opposite parties, were impleaded as creditors. An ex parte order was passed and an award was issued by the Debt Settlement Board. It was held that the transaction in question was a loan, and as the opposite parties had been in possession of the lands in dispute for over fifteen years, the debt had been satisfied. The opposite parties were accordingly directed to restore possession of the properties in question. The award was actually drawn up on 8-2-1946.