LAL CHATRAPATI SAI Vs. SHANTI PRIYA PANDA

JUDGEMENT

(1.) Defendant No. 1 is the appellant before this Court against the judgment and decree passed by the learned Subordinate Judge, Sambalpur in Money Suit No. 5 of 1979, where a decree has been passed for recovery of Rs. 13,500/- from the defendant No. 2 with interest at the rate of 6% per annum from the date of decree till realization.

(2.) Suit was filed by respondent No. 1 for realization of Rs. 13,500/- on the allegation that defendant and his wife jointly executed usufructuary mortgage bond in favour oi the plaintiff in respect of 'A' schedule property and incurred loan of Rs. 13,500/- from her on 10-1-73. After execution of the aforesaid mortgage bond the plaintiff was put in possession of the said property and she remained in possession thereof till 1978. In the month of Ashadha, 1978. when the plaintiff sent her field servants to plough the disputed land, the field servants of defendant No. 1 did not allow them to do so and consequently she was dispossessed from the said property from Ashadha, 1978, i.e. prior to completion of seven years from the date of mortgage and therefore filed the suit for recovery of the aforesaid amount.

(3.) Defendant No. 1 filed written statement stating that the plaintiff was a money lender in regular course of business and on his request she had advanced the loan. He has stated in the written statement that the plaintiff was put in possession of the disputed property and was appropriating usufructs thereof but she was never dispossessed as alleged. According to the said defendant the other two defendants having married in far of places never created any trouble in the possession of the plaintiff and by the time of alleged dispossession he was not in the village. It is further stated in the written statement that the plaintiff having remained in possession of the mortgaged property for more than seven years, it stood redeemed automatically by lapse of time. Defendant No. 2 filed separate written statement denying her knowledge about such mortgage in question.