CHOTEY LAL Vs. MTMOHANIAN

JUDGEMENT

(1.) The plaintiff applicant brought the suit out of which this revision has arisen for recovery of Rs. 182-8-0 on foot of a bond, dated 9 June 1922, executed by the defendant respondents. The principal amount alleged to have been advanced under it was Rs. 127-8-0. Remaining sum represents the interest.

(2.) The defence was that the defendants borrowed Rs. 120 from the plaintiff and made over 18 bighas of their occupancy land to the plaintiff for five years for satisfaction of the loan evidenced by the bond in suit, which has been satisfied in full.

(3.) The learned Judge of the Court of Small Causes whose decree is sought to be revised, has held that Rs. 127-8-0 was advanced, as alleged by the plaintiff, that 18 bighas tenancy land was made over by the defendants to the plaintiff's father for five years and that the profits derived from the occupancy land were just sufficient to pay the interest. He held accordingly that the entire principal Rs. 127- 8-0 was due. In his view the transaction substantially amounted to one of usufructuary mortgage of occupancy land and, therefore, void. The plaintiff was held not entitled to recover the amount due under the bond. The plaintiff has applied in revision.