MAGUNI CHARAN DEY Vs. UJAIMANI DEI & OTHERS

JUDGEMENT

(1.) Plaintiff is the appellant against a reversing judgment in a suit for permanent injunction, recovery of documents and damages.

(2.) Case of the plaintiff is that defendant no.1 was the owner in possession of the land appertaining to Khata No.124, Plot No.411 Ac.0.61 decimals in Village-Kanhupur, District-Balasore. She executed two registered sale deeds dated 28.1977 and 24.1981 in favour of the plaintiff in respect of the area of Ac.0.36 dec. and Ac.0.25 dec. respectively for valid consideration and delivered possession. After purchase, he mutated the suit land in his favour. He is in possession of the suit land. On 4.6.1984 while he was returning from Nilgiri Kacheri, all the defendants detained him near the house of defendant no.5, forcibly took away the sale deeds, rent receipts and other documents. He reported the matter to the police, but to no avail.

(3.) The defendants entered contest and filed the written statement denying the assertions made in the plaint. It is pleaded that the suit land originally belonged to Jagabandhu Pradhan, father of defendant nos.1 and 5. Defendant no.6 is the husband of defendant no.1. Their mother pre-deceased their father. Defendant no.1 had no absolute title over the suit property. She is a pardanashin illiterate woman. The plaintiff is a moneylender. She approached him to lend money. The plaintiff asked her to execute the sale deeds by way of security on the condition that on repayment of the loan amount with interest, he would return the documents. Neither she sold the suit land nor delivered possession of the same to the plaintiff. After repayment of money, the plaintiff returned the documents to her. She is in possession of the land. She is paying the rent. The plaintiff mutated the land in his favour clandestinely.