SHIB SANKAR CHAKRABORTY Vs. RABINDRA NATH PAL

JUDGEMENT

(1.) These two second appeals arise out of a common judgment by which the learned first appellate Court has disposed of two appeals preferred by the appellant herein. The aforesaid two appeals were preferred against judgment and decree dated March 31, 1979 passed by the learned Subordinate Judge, Hooghly thereby decreeing Title Suit No. 23 of 1973 and dismissing Title Suit No. 132 of 1974 which were heard analogously.

(2.) The respondent herein filed Title Suit No. 23 of 1973 for specific performance of an agreement for sale executed by the appellant on Aug. 17, 1972 by which the appellant agreed to sell .063 decimals of land with structure thereon at the price of Rs. 10,000.00 after taking Rs. 501.00 as earnest money.

(3.) During the pendency of the aforesaid suit, the appellant herein filed Title Suit No. 132 of 1974 for declaration that the aforesaid agreement for sale dated Aug. 17, 1972 was in substance a loan and for reopening of the said loan transaction under the provision of Bengal Money Lenders' Act.