MAFIZAN BIB1 Vs. SK PANCHU

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree passed by the learned Additional District Judge, Midnapore in Title Appeal No. 389 of 1971, confirming the judgment and decree of dismissal as passed by the learned Munsif, 1st Court, Tamluk in Title Suit No. 109 of 1970.

(2.) PLAINTIFF filed the suit for a declaration that the transaction effected between the parties by sale deed and the deed of agreement for re conveyance in respect of the suit land was a loan in substance and for accounting together with a prayer for recovery of possession in the suit land.

(3.) IT was the case of the plaintiff in brief that the plaintiff took a loan of rs. 600/- from the defendant on 30. 5. 1949 and as security for the said loan, the plaintiff executed the sale deed in respect of the suit land on 30. 5. 1949 and the defendant executed a deed of agreement for re conveyance in favour of the plaintiff in respect of the suit land on 2. 6. 1949 agreeing to re-convey the suit land within Chaitra of 1365 B. S. on repayment of the amount of Rs. 600/ -. It was further alleged that as per the oral contract the possession of the suit land was given to the defendant to enjoy the usufruct in lieu of interest. The plaintiff approached the defendant for accounting in 1376 B. S. but the defendant refused to submit any account and give back the possession of the suit land. Hence this suit.