DAITARI DALAI Vs. JAGANNATH SRICHANDAN RAI

JUDGEMENT

(1.) PLAINTIFF is the appellant against an affirming judgment of the third Additional subordinate Judge, Cut-tack, in a suit for declaration of title and for recovery of possession.

(2.) THE plaintiff's case is that the defendant sold the disputed property to him on 15-10-54, by sale-deed (Ext. 2) for a consideration of Rs. 800 on condition that if the defendant pays back the consideration money before 14-6-56, the plaintiff would re-transfer the property to him. The defendant did not repay the money. On the other hand the plaintiff invested substantial amount in improving the land and remained in possession of the property, but the defendant forcibly dispossessed him on 21-6-59. Hence the suit by the plaintiff.

(3.) THE case of the defendant is that the transaction was not a sale out and out, but was a mere mortgage with the condition that the plaintiff would enjoy the usufruct of the property towards the discharge of the debt and that the period of four years for which the plaintiff had enjoyed the property was sufficient to discharge the entire debt.