CHOWA GOPE Vs. NANHAK YADAV

JUDGEMENT

(1.) PLAINTIFF filed suit for recovery of Rs. 8,000/ -, being amount of three usufructuary mortgage deed dated 29.5.1973 executed by defendant no. 1 in his favour. Plaintiff claimed that defendant no. 1 took Rs. 8,000/ - as accommodation loan from him and in lieu there of executed three separate mortgage deeds on 29.5.1973. Although mortgages were usufructuary, but mortgagor did not allow the mortgagee to come in possession of the land in mortgage. Subsequently, mortgagee came to know that the land in mortgage also did not belong to the mortgagor. Hence, plaintiff was entitled to recover mortgage money together with interest the date of execution of mortgage deeds. Hence, the suit.

(2.) DEFENDANT no. 2 filed written statement stating, inter -alia, that plaintiff was unregistered professional money lender. He was put in possession over the lands in mortgage. He had not mortgaged lands of any other person. Excess area of any plot was not mortgaged.

(3.) PLAINTIFF filed Mortgage Appeal No. 64 of 1979, which has been allowed by impugned judgment and decree dated 23.12.1985. Trial court's judgment and decree was set aside and the suit was decreed.