ASIM KUMAR RAY, J. - (1.) BEING aggrieved by and dissatisfied with the judgment and decree dated September 18, 1993 passed in Title Appeal No. 2 of 1992 by learned Assistant District Judge, Arambagh affirming the judgment and decree dated 30th November, 1991 passed in Title Suit No. 63 of 1988 by learned Munsif, First Court, Arambagh this appeal has been preferred.
(2.) PLAINTIFF /respondent initiated the title suit stating that he acquired the suit property by way of gift from his 'Bhiksha Mata', Renuka Bala Roy on 14th May, 1959. Defendant/appellant lent a sum of Rs. 5,000/ - to him. It was stipulated that the plaintiff would execute a sale deed in respect of the suit property in favour of the defendant and at the same time the defendant would execute an Ekrarnama for re -conveyance of the suit property. It was agreed that the defendant would enjoy the usufruct of the property for three years from Shraban 1388 B.S. to Ashar 1392 B.S. against interest and would retransfer it to the respondent if he repaid the consideration money within five years next after the said period of three years. Accordingly sale deed and Ekrarnama were executed by the parties concerning the suit property. The plaintiff after the month of Ashar 1392 B.S. approached the defendant on several occasions for retransfer of the suit property after taking back the loan amount but in vain. Hence the suit was instituted. The defendant took out a case that the suit property was sold to him by the plaintiff and there was no agreement for retransfer of the same to the plaintiff. It was his further case that alleged deed of agreement for retransfer was executed only to defeat the case of other co -sharers to pre -empt the suit property. So he prayed for dismissal of the suit.
(3.) THE trial Court passed the judgement and decree in favour of the plaintiff. Defendant challenged it by preferring an appeal which was affirmed by the judgment and decree dated September 18, 1993 passed by the First Appellate Court at Arambagh. In the aforesaid background this is the second appeal before this Court.;