( 1 ) THIS is an appeal from an appellate decree at the instance of the defendant in a suit under Sections 36, 37a and 38 of the Bengal Money Lenders Act, 1940 (hereinafter referred to as the said Act ). The appeal is directed against the decree dated August 4, 1972, passed by the learned Additional District Judge, 3rd Court. Howrah in Title Appeal No. 36 of 1972.

( 2 ) THE plaintiff/respondent instituted Title Suit No. 153 of 1970 renumbered as Title Suit No. 74 of 1971 in the 3rd Court, of the learned Munsiff, Howrah seeking relief under Sections 36, 37a and 38 of the said Act upon a declaration that a sale executed by her in favour of the defendant on July 29, 1968, in respect of premises No. 17/2, Khetra Mitra Lane. Howrah followed by an agreement for repurchase really constitutes a mortgage in respect of which the plaintiff is entitled to the reliefs under the said Act as prayed for. The plaintiff's case shortly was that she was the owner of the said premises by purchase. She was in need of money to help her Dharmaputra Netai Charan Patra to carry on his business in fish. She approached the defendant for a loan of Rs. 7,000/- through the defendant's husband w