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1962 Supreme(Cal) 197

D.N.SINHA, C.N.LAIK, P.N.MUKHERJEE, R.S.BACHAWAT, G.K.MITTER
KRISHNAMONI DASI – Appellant
Versus
BASER MONDAL – Respondent


Advocates Appeared:
ASHUTOSH GANGULY, Bijan Bihari Mitra, GANGA NARAYAN CHANDRA, SUDHIR DAS GUPTA

BACHAWAT, J.

( 1 ) THERE was a lease of the suit property by the defendant to the plaintiff and a simultaneous agreement by the plaintiff to reconvey the property to the defendant on payment of a named sum. The defendant applied to a Debt Settlement Board for settlement of his debts alleging tnat the transaction was a mortgage by conditional sale. The plaintift denied this contention and disputed the jurisdiction of the Board to decide the matter. The Board made an award settling the debt on the footing that the transaction created a mortgage liability amounting to a debt. An appeal and a revision petition by the plaintiff failed and tni award became final. The plaintiff then instituted the present suit praying for declaration that the lease and thi agreement did not create the relationship of debtor am creditor and that the award of the Board is void and with-out jurisdiction and for consequential injunction. The defendant pleaded that the award of the Board was conclusive and the Civil Court had no jurisdiction to try the suit. The Trial Court accepted the defendant's contention and dismissed the suit. The decision was confirmed by the first Appellate Court. On second appeal Cha


















































































































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