Bhaskar Bhattacharya, J. - (1.) This second appeal is at the instance of a plaintiff in a suit under Bengal Money Lenders' Act for a declaration that the disputed transaction was a loan in substance and for accounts and is directed against the judgment and decree dated June 5, 1991 passed by the learned Assistant District Judge, 3rd Court, Midnapore in Title Appeal No. 322 of 1987 thereby affirming those dated June 29, 1987 passed by the learned Munsif, 2nd Court, Tamluk in Title Suit No. 159 of 1975 thereby dismissing the suit.
(2.) The appellants filed the aforesaid suit for declaration that an apparent sale deed dated March 9, 1975 and an agreement of reconveyance dated March 10, 1975 executed by their predecessor and the defendant No. 1 respectively constituted a loan in substance and thus prayed for relief under Sections 36, 37 and 38 of the Bengal Money Lenders' Act. According to the plaintiffs although Rs. 6,000/- was mentioned as consideration, in fact their predecessor obtained a sum of Rs. 2,000/- only as a loan. Their predecessor and after his death, they are all along in possession of the suit property.
(3.) The said suit was contested by the defendant No. 4, the subsequent purchasers of the property from defendant No. 1 and defendant Nos. 2 and 3 by filing written statement thereby denying the material allegations made in the plaint and his defence was that the transaction was out and out sale with an agreement of repurchase and subsequently the defendant No. 1 even purchased the right of predecessor of the plaintiffs of repurchase. According to him, after the disputed transaction neither the plaintiffs nor there predecessor possessed the suit property. The further defence of the defendant No. 4 was that the property was sold for business purpose and as such the Bengal Money Lenders' Act had no application.;