RAHIMUDDIN CHOUDHURY Vs. NAYAN CHAND DAS

JUDGEMENT

(1.) This is an appeal from the judgment and decree of the Additional District Judge, Cachar, dated 25th Nov. 1946 by which he affirmed the order of the Subordinate Judge dated 5th June 1945 granting plaintiff a decree doctoring his title to and granting khas possession of the suit land by eviction of the defendants therefrom.

(2.) The land in suit belonged to Atan Chouba. On 11th July 1926, ho mortgaged it to Abantan, defendant 3. The mortgage consideration was Rs, 300 and the mortgage was for a period of three years. Possession was, according to the recitals contained in the document, handed over to the mortgagee, who was to continue to enjoy and possess the land on payment of revenue every year. The relevant portion of the deed of mortgage is reproduced below:

(3.) The parties described the document as an Ejara. It is agreed before us that the document embodies a mortgage notwithstanding the fact that it is described as an Ejara.