JUDGEMENT
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(1.)This is an appeal on behalf of the Plaintiff and arises out of a suit under Section 36 of the Bengal Money-lenders Act.
(2.)The Plaintiff is the borrower. He borrowed money from the Defendant bank on several occasions between the years 1927 and 1932. The total amount advanced between these dates amounted to Rs. 825. The loans were simple contract debts and bore interest at 15 per cent, per annum. In the last transaction the interest was to be paid six monthly and there were six monthly rests. In the previous transactions the interest stipulated was simple and not compound. The borrower made small payments towards these debts. Ultimately, in 1935, the lender, that is, the Berhampore Bank, instituted a money suit, being Money Suit No. 78 of 1935, in the court of Munsif, First Court, Berhampore, for recovery of a sum of Rs. 1,429-11. Interest was calculated at the stipulated rate. The suit ended in a compromise on April 20, 1925. On that date the borrower paid a sum of Rs. 400 and there was a consent decree for a sum of Rs. 1,240-5-6. Thereafter the borrower paid a sum of Rs. 100 only. The lender, the Berhampare Bank, thereupon started Money Execution Case, No. 548 of 1938, and brought the disputed property which is the undivided share of the Plaintiff borrower, to sale on August 20, 1939. At the sale the lender, the Berhampore Bank, was the purchaser, the price being Rs. 100 only.
(3.)Thereafter, in 1941, a suit for partition, being Suit No. 27 of 1941, was instituted. A preliminary decree for partition was made on February 11, 1942, which was followed by a final decree on February 6, 1943. It appears that the lender, the Berhampore Bank, instituted Money Execution Case No. 83 of 1942 for recovery of the balance of the dues under the money decree. On September 11, 1944, the borrower started the present suit under Section 36(1) of the Bengal Money-lenders Act with the usual prayers for reopening the money decree for payment of the sum that would be found due in instalments and for restoration of possession of the properties purchased by the decree-holder at the execution sale on September 14, 1944, possession was taken in terms of the final decree in the partition suit. On September 16, 1944, the decree-holder auction-purchaser, the Berhampore Bank, sold the disputed properly to Defendant No. 2, the district board of Murshidabad for a sum of Rs. 4,500.
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