KANTI MOHAN MANDAL Vs. NABA KUMAR PAL

JUDGEMENT

(1.) On January 25, 1965 the plaintiff executed a deed of sale in respect of his residential hou.se at Gondalpara, Chander-nagore in favour of defendant No. 1, son of the other two defendants and simultaneously two other deeds were executed by defendant No. 1 in favour of the plaintiff namely (1) an agreement to reconvey the property to the plaintiff on his paying a sum of Rupees 8,500/- within two and half years and (2) a deed of lease in favour of the plaintiff in respect of the house on a monthly rent of Rs. 25/-. A few months thereafter, the plaintiff executed another deed of sale on June 25, 1965 in favour of defendant No. 2, wife of defendant No. 3 and the said defendant on her part executed a deed of lease in respect of the house in favour of the plaintiff.

(2.) In the plaint, the plaintiff claims that all these transactions really represent loans obtained on mortgage by the plaintiff from defendant No. 3 and to avoid the provisions of the Bengal Money Lenders Act, all those subterfuge steps of going through such transactions were taken recourse to instead of executing mortgage deeds for securing the loans taken. Hence, the plaintiff instituted the suit out of which the present R'ule arises for a declaration that the transactions are in substance loan transactions, for reopening the transactions for relief under Sections 36, 37 and 38 of the Bengal Money Lenders Act on accounts being taken and for permanent injunction restraining the defendants from interfering with plaintiff's possession of the suit properly.

(3.) In the plaint, the plaintiff valued the relief for declaration at Rs. 19,000/- and paid the court-fee of Rs. 20/-. He separately valued the consequential relief of permanent injunction at Rs. 5/- and paid a court-fee therefor of 0.75 paise. That apart, the plain-tiff also paid the fixed court-fee of RS. 1/- under the provisions of the Bengal Money Lenders Act for the reliefs claimed thereunder.