PADMALOCHAN MOHAPATRA Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) This appeal is by the plaintiff. The suit was for declaration that the sale deed bearing no.3300 dated 20.07.1967 executed by the plaintiff in favour of the defendant no.2 is void, delivery of possession, correction of R.O.R. and mesne profit.

(2.) The case of the plaintiff was that he was owner of a bus. He sustained a loss in business. Defendant nos.2 to 4 were money lenders. He took a loan of Rs.3, 000/- with interest @ 30% per annum from defendants 2 to 4. As per practice in the locality, the debtor used to execute the sale deed and deliver possession of the land. He executed a nominal sale deed on 20.07.67 for security of the loan in favour of the defendant. No consideration was paid. The market value of the suit property was more than Rs.12, 000/- in the year 1967. The same is a mortgage deed. The defendant nos.2 to 4 being in possession of the land for more than twelve years, the mortgage was discharged as per provisions of the Orissa (Schedule Areas) Money Lending Regulation, 1976. The defendants recorded their names in the Settlement R.O.R. published in the year 1978. With this factual scenario, he instituted the suit seeking the relief mentioned supra.

(3.) The defendant nos.2 to 4 entered contest and filed a written statement pleading, inter alia, that they did not carry on money lending business. The plaintiff sold the property to them for legal necessity. There was partition of the properties between the defendants. The land had been separately recorded in their names in the Settlement R.O.R. They are in possession of the land.