JAGARNATH JHA Vs. UGRAKANT CHAUDHARY

JUDGEMENT

(1.) The plaintiff is the appellant in this second appeal. The suit in question had been filed on behalf of the plaintiff for realisation of Rs. 670/- as principal along with interest from the defendant-respondent.

(2.) The case of the plaintiff is that the defendant-respondent took a loan of Rs. 498/- from him and executed an usufructuary mortgage bond dated 18-3-1969 mortgaging 4 kathas of land fully described in the schedules of the plaint. The said mortgage bond was to be redeemed on 30th Baisakh 1379 fasli, i.e., June, 1972. The plaintiff also came in possession of the mortgaged property. It is further the case of the plaintiff that the defendant forcibly dispossessed him from the land on 5-7-1972, and in spite of requests the possession has not been delivered to the plaintiff which necessitated filing of the suit for realisation of the amount advanced along with interest.

(3.) The defendant admitted the taking of the loan from the plaintiff and the execution of the bond on the date alleged in favour of the plaintiff, but he denied that the plaintiff was dispossessed from the mortgaged land by him. He asserted that the plaintiff continued to be in possession of the same and enjoyed the usufructs from the land. According to him, this suit has been filed to avoid the consequence of the provisions of the Bihar Money Lenders Act. 1974 (hereinafter to be referred to as 'the Act'). The suit in question was filed on 5-6-1975.