SUBODH CHANDRA MAZUMDAR Vs. MONORAMA GHOSE

JUDGEMENT

(1.) This appeal arises out of a suit for pecific performance of a contract of re-sale of land. The dispute between the parties has a long history, but, for my present purpose, the relevant facts may be stated as follows:

(2.) In 1942, Bepin applied under Section 38 of the Bengal Money-Lenders Act for the statutory taking of accounts, as provided in the said section, giving rise to Miscellaneous Case No. 197 of 942 of the second court of the Munsif at Howrah, upon the allegation inter alia that the above sale and agreement of re-sale of July, 1940, really represented a mortgage transaction. This application was dismissed by the learned Munsif upon the finding bat the sale and the agreement were two separate and independent transactions and did not and could not in law institute a mortgage. That decision was eventually affirmed by this Court on June 18, 1945. Both Bepin and Ashutosh died huring the pendency of the above proceeding under the Bengal Money-Lenders Act which was during its later stages conducted by and against their respective heirs, namely, the Respondents and the Appellants Nos. 1 to 5.

(3.) On May 13, 1942, Asutosh had executed a kobala (Ex. A /1) in favour of Dtirga Prosad Ghosh, the predecessor of Appellants Nos. 6 to 8, purporting to convey the suit land to him for Rs. 1,200.