PANCHANAN ROY Vs. BROJOGOPAL SARKAR

JUDGEMENT

(1.) Panchanan and his mother were owners of the suit property. They took Rs. 2,000 from Brojogopal, the Defendant, executed on March 22, 1945, a document of lease in the Defendant's favour in respect of suit property and gave him possession of it. There was a term in the document that the lessors would, get back possession of the property on cancellation of the lease if they repaid Rs. 2,000 taken by them at the time of execution of lease within five years. They intimated Brojogopal on February 27, 1950,, of their intention to repay and to retake possession, remitted the sum by money order and started the suit, when the same was returned refused on March 21, 1950, for recovery of possession with mesne profits on a declaration that the lease had stood cancelled. They alternatively prayed for recovery of possession by way of redemption on a declaration that the document of lease was really a mortgage.