PAWAN REKHA DEVI Vs. KESHO YADAV

JUDGEMENT

(1.) This appeal is directed against the judgment of the first appellate Court passed by Sri Narayan Gupta, Additional District Judge-VI, Munger in Title Appeal No. 24 of 1982. The plaintiff of Title Mortgage Suit No. 51 of 1979 is the appellant here.

(2.) The relevant facts, in brief, are that the appellant had filed the aforesaid title suit seeking foreclosure of the mortgage-deed dated 6th February, 1974. The case of the plaintiff- appellant was that the defendant of the suit (respondent) had taken a loan of Rs.5,000/- and a mortgage with conditional sale was executed on 6th February, 1974. It was stipulated in the mortgage-deed that in default of payment of mortgage money by 30 Baishakh 1385 Fasli, the defendant respondent failed to pay back the loan amount by the stipulated date, and, hence, the suit was filed for foreclosure. The case of the defendant-respondent was that there were business transactions between the plaintiff and the defendant and an amount of Rs. 500/- was due for which a simple mortgage was executed. However, the further pleading of the defendant-respondent was that of course, a mortgage-deed with conditional sale was got executed by the plaintiff fraudulently and the money due was only Rs. 500/- and not Rs. 5,000/-.

(3.) On contest of the suit by both the parties, the trial Court decreed the suit. However, the first appellate Court in the judgment dated 3rd June, 1986 reversed the judgment of the trial Court and, hence, this second appeal.