BISHWANATH PRASAD SINGH Vs. RAJENDRA PRASAD
LAWS(SC)-2006-2-27
SUPREME COURT OF INDIA (FROM: JHARKHAND)
Decided on February 24,2006

BISHWANATH PRASAD SINGH Appellant
VERSUS
RAJENDRA PRASAD Respondents





Cited Judgements :-

DEVAKI VS. V.R.KANNAPPAN [LAWS(MAD)-2012-12-11] [REFERRED TO]
VASANTHAKUMARI VS. SAROJINI [LAWS(KER)-2007-11-24] [REFERRED TO]
THIMMAIAH VS. SPECIAL DEPUTY COMMISSIONER, BANGLORE AND OTHERS [LAWS(KAR)-2018-2-378] [REFERRED TO]
AMARNATH BHARGAVA AND ORS. VS. SURAJ PRAKASH BHARGAVA AND ORS. [LAWS(RAJ)-2015-11-24] [REFERRED TO]
GLORY VS. MURUGAN [LAWS(MAD)-2019-8-329] [REFERRED TO]
NATIONAL INSTT OF TECHNOLOGY TRUST VS. OFFICIAL LIQUIDATOR [LAWS(DLH)-2012-5-264] [REFERRED TO]
RITZ THEATRE VS. INCOME TAX OFFICER [LAWS(DLH)-2010-8-329] [REFERRED TO]
STATE BANK OF INDIA VS. MULA SAHAKARI SAKHAR KARKHANA LTD [LAWS(SC)-2006-7-137] [REFERRED TO]
TULSI VS. CHANDRIKA PRASAD [LAWS(SC)-2006-8-7] [REFERRED TO]
SANTOSH KUMAR SINGH VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2016-4-43] [REFERRED TO]
RAMESWAR DUBEY VS. MAHESH CHAND GUPTA AND ORS. [LAWS(MPH)-2019-1-329] [REFERRED TO]
BHARAT WADHWA VS. SUSHMA ARORA [LAWS(DLH)-2013-7-103] [REFERRED TO]
GULAB GUPTA S/O DILESHWAR GUPTA (DIED)AND OTHERS VS. CHANDRASHEKHAR GUPTA S/O GANESH RAM GUPTA [LAWS(CHH)-2020-1-121] [REFERRED TO]
YERRAM KRISHNA RAO VS. MUTTAMALLA NARSAMMA [LAWS(APH)-2009-10-44] [REFERRED TO]
SMT. CHANDAN DEVI D/O SHRI MADAN LAL JI VS. GYAN CHAND KOTHARI S/O SHRI RAJMAL KOTHARI [LAWS(RAJ)-2017-6-21] [REFERRED TO]
A. RAMAKRISHNA VS. THE SPECIAL DEPUTY COMMISSIONER [LAWS(KAR)-2016-4-135] [REFERRED TO]
RAMESHCHANDRA VS. KAMAL KISHORE [LAWS(MPH)-2010-9-29] [REFERRED TO]
WEALTH ESTATE PVT. LTD. (WEPL) VS. K. CHANDRA AND ORS. [LAWS(DLH)-2014-5-581] [REFERRED TO]
MALANBEE VS. SYED AMJED HUSSAIN [LAWS(APH)-2010-10-19] [REFERRED TO]
KALYANI VS. C. PADMANABHAN [LAWS(MAD)-2021-7-230] [REFERRED TO]
GENDALAL SAJJANBAI VS. PANNALAL LILABAI [LAWS(MPH)-2008-3-80] [REFERRED TO]
GULBA VS. ISNA [LAWS(MPH)-2015-8-58] [REFERRED TO]
ARVIND KUMAR TIWARI VS. IST A.D.J.HARDOI [LAWS(ALL)-2013-7-27] [REFERRED TO]
RAJ NATH DUBEY VS. DY. DIRECTOR OF CONSOLIDATION [LAWS(ALL)-2013-11-3] [REFERRED TO]
JANARDAN TEWARI VS. DY. D.C./A.D.M. (F & R) [LAWS(ALL)-2014-8-157] [REFERRED TO]
MAHARASHTRA MARITIME BOARD VS. PNP MARITIME SERVICES PVT LTD [LAWS(BOM)-2017-6-265] [REFERRED TO]
ABDUL SAMI QURASHI VS. SARDAR KULDEEP SINGH [LAWS(ALL)-2007-10-30] [REFERRED TO]
CHANABASANAGOUDA VS. UMESHGOUDA [LAWS(KAR)-2014-4-257] [REFERRED TO]
MALHAN CONSTRUCTION VS. N.K. GUPTA [LAWS(RAJ)-2009-3-35] [REFERRED TO]
VIMAL CHAND GHEVARCHAND JAIN VS. RAMAKANT EKNATH JAJOO [LAWS(SC)-2009-3-167] [RELIED UPON]
A. MARIA JOHN VS. COLACHEL COOPERATIVE HOUSING SOCIETY LIMITED [LAWS(MAD)-2021-6-201] [REFERRED TO]
V.N. BABUREDDY AND ANOTHER VS. SMT. VENKATAMMA AND OTHERS RESPONDENTS [LAWS(KAR)-2017-12-114] [REFERRED TO]
RADIO TODAY BROADCASTING LTD VS. MINISTRY OF INFORMATION AND BROADCASTING [LAWS(DLH)-2007-12-86] [REFERRED TO]
VISHWANATH DADOBA KARALE VS. PRISA SHANTAPPA UPADHYE [LAWS(SC)-2008-3-121] [REFERRED TO]
MANJABAI KRISHNA PATIL VS. RAGHUNATH REVAJI PATIL [LAWS(SC)-2007-2-109] [REFERRED TO]
PRAKASH (DEAD) VS. G. ARADHYA [LAWS(SC)-2023-8-51] [REFERRED TO]
RAMVILLAS(DEAD)THR.LRS.&ANR. VS. KARIM KHAN & ANR. [LAWS(SC)-2016-12-46] [REFERRED TO]
K RAJENDRA VS. P SOMANNA [LAWS(KAR)-2010-3-25] [REFERRED TO]
R RAMAIAH VS. LAKSHMAMMA [LAWS(MAD)-2011-3-601] [REFERRED TO]
GEORGE VS. ANNAKUTTY [LAWS(KER)-2017-8-162] [REFERRED TO]
ALOK KUMAR GOENKA VS. MURLI MANOHAR GOENKA [LAWS(MPH)-2024-1-50] [REFERRED TO]
RAJ NATH DUBEY VS. DY DIRECTOR OF CONSOLIDATION AND 12 OTHERS [LAWS(ALL)-2014-1-493] [REFERRED TO]
KANAN BAKSHI VS. SH. ATUL BALI [LAWS(DLH)-2008-4-159] [REFERRED TO]
C RAGHUNANDAN VS. K NAGESWAR RAO [LAWS(APH)-2009-7-84] [REFERRED TO]
YARRAM KRISHNA RAO VS. MUTTAMALLA NARSAMMA [LAWS(APH)-2008-10-57] [REFERRED TO]
KRISHAN KUMAR VATS VS. BSES YAMUNA POWER LTD. AND ORS. [LAWS(DLH)-2015-2-97] [REFERRED TO]
WEALTH ESTATE PVT LTD VS. K CHANDRA [LAWS(DLH)-2013-10-243] [REFERRED TO]
VEERANAGOUDA BASANAGOUDA HIREGOUDAR VS. UMESHGOUDA MALLANAGOUDA MARIGOUDAR [LAWS(KAR)-2014-4-321] [REFERRED TO]
KAMTA PRASAD VS. PILWADAS BAIJNATH [LAWS(CHH)-2023-11-95] [REFERRED TO]
VOL : 2; SUNNI CENTRAL BOARD OF WAQFS AND ORS VS. GOPAL SINGH VISHARAD AND ORS [LAWS(ALL)-2010-9-628] [REFERRED]
P.SIVA MOHAN REDDY VS. DR. K.R.K.REDDY [LAWS(TLNG)-2023-3-26] [REFERRED TO]
JAGDISH CHANDA SHARMA (DEAD) VS. DROPADI BAI (DEAD) [LAWS(MPH)-2018-8-151] [REFERRED TO]
E. SATHYANARAYANA VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-9-42] [REFERRED TO]
KESHAV PRASAD SHARMA VS. HALKE RAIKWAR [LAWS(MPH)-2009-10-15] [REFERRED TO]
UNITY REALTY AND DEVELOPERS LTD VS. BW HIGHWAY STAR PVT LTD [LAWS(BOM)-2009-9-121] [REFERRED TO]
AMINABIBI VS. SUSHILABEN [LAWS(GJH)-2012-9-225] [REFERRED TO]


JUDGEMENT

S. B. Sinha, J. - (1.)Leave granted.
(2.)This appeal is directed against the Judgment and Order dated 11th September, 1988 passed by a learned Single Judge of the Jharkhand High Court, Ranchi in Appeal from Appellate Decree No.176 of 1988 whereby and whereunder a second appeal preferred by the respondents herein from a Judgment and Decree dated 18.7.1988 passed by the 6th Additional District Judge, Palamau at Daltonganj in Title Appeal No.26 of 1987 setting aside the Judgment and Decree dated 27.6.1987 passed by Munsif, Daltonganj in Title Suit No.11 of 1986, was allowed.
(3.)The respondents herein filed a suit against the appellant, inter alia, for a declaration that the transaction dated 24.6.1977, although ostensibly expressed in the shape of a deed of sale, was in fact a transaction of usufructuary mortgage and for a further declaration that the said transaction stands redeemed under Section 12 of the Bihar Money Lenders Act, 1974. The respondents herein further sought for a decree directing the appellant to deliver vacant possession of the suit land to them, failing which they might be put back in possession thereof through the process of Court. The respondents averred that they were occupancy raiyats of the suit land. The appellant herein allegedly gave an advance of Rs.3,000/- on their executing a deed of usufructuary mortgage in respect of the suit land. However, allegedly the appellant asked them to execute a deed of sale on the ground that he did not possess any money lending licence, whereupon indisputably such a deed was executed on 24.6.1977. The appellant in turn executed a registered deed of agreement in his favour whereby and whereunder the respondent agreed to execute a deed of reconveyance on his receipt of the said sum of Rs.3,000/-.


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