RAM SHIROMONI KAIRY Vs. AMAR NATH PASI

JUDGEMENT

(1.) This appeal is against the judgment and decree passed by the Ld. Addl. District Judge, 3rd Court, Howrah, in Title Appeal No. 251/79 affirming those of the Ld. Subordinate Judge, 2nd Court, Howrah, in Title Suit No. 20/76.

(2.) The facts of the case may briefly stayed as follows : The respondents as plaintiffs brought the above title suit under section 37 A and section 38 of the Bengal Money Lenders Act for accounts and for declaration of the amount due against the present appellant. The respondents as plaintiffs alleged in the p1aint that they took loan of Rs. 1500/- from the defendant on 16.5.74 and another loan of Rs. 2000/- on 12.8.74 keeping the property being holding No.35, Girish Ghosh Road, Howrah, as security. To keep the transaction within the ambit of law in force two sale deeds were executed on the above two dates and on those two dates two deed of agreement for reconveyance were executed by the present appellant in favour of the present respondents. The plaintiffs claimed that they had made payment towards the said loan on different instalments. But as the defendant did not agree to execute any deed of reconveyance in favour of the plaintiffs, the plaintiffs have brought the present suit for a declaration as regards the amount due and for passing appropriate relief to which the plaintiffs may be entitled.

(3.) The defendant contested the suit contending inter alia that the properties in suit were purchased by the defendant by the two sale deeds dated 16.5.75 and 12.8.74 for a consideration of Rs. 2,500/- and Rs. 4,700/- respectively and that the deeds of agreement for reconveyance are all void and not enforceable under the law. The defendant also denied that there was any loan transaction between the parties or that any such loan was repaid. During the pendency of the suit one of the plaintiffs, namely, plaintiff No.1 filed a petition for compromise through another Advocate with the defendants.