(1.) This is an appeal against a judgment of affirmance. The plaintiff instituted the connected suit on July 5, 1969 under Section 36 of the Bengal Money-lenders Act, 1940 read with Section 37-A and Section 38. The claim was for a decree reopening the transaction effected by the sale deed of February 5, 1951 and the agreement of even date treating it as a mortgage by conditional sale and also for reopening the rent decree passed against him in S. C. Suit No. 34 of 1951 as also the decree for ejectment in Title Suit No. 252 of 1960 and for other ancillary and incidental reliefs.
(2.) The plaintiff appellant's case is that he obtained from the defendant a loan of Rs. 300/- by mortgaging his bastu land measuring 2 1/2 bighas of C. S. Plot 1607, Mouja Balagarh within Hooghly-Chin-surah Municipality. To avoid the provisions of the said Act, at the instance of the defendant respondent, the plaintiff executed a sale deed in favour of the defendant in respect of the said property on February 5, 1951. On the same date an agreement of sale was entered into between the parties whereby the defendant agreed to reconvey the property on payment of the said sum of Rs. 300/- by instalments by Maffh 1362 B. S. The plaintiff who remained in possession of the property, was to pay Rs. 10/- per month as interest though it was described in the agreement as rent thereof. The property was very valuable worth Rs. 15,000/- even at the time of the loan and Rs. 90,000/- at the time of the institution of the suit. The plaintiff was forced to execute the documents aforesaid under pressure of circumstances according to the proposal of the defendant.
(3.) In view of the law in force at the time, the plaintiff was advised to file Title Suit No. 96 of 1959 for specific performance of the said contract against the defendant stating that though the transaction was a loan transaction it was shown as a sale to avoid rigour of the Money Lender's Act. The suit was dismissed as the amount was not paid within the time agreed upon and the said decree was ultimately affirmed by this Court.