JUDGMENT :

Siddhartha Roy Chowdhury, J.

1. This appeal impeaches the judgement and decree passed by learned First Appellate Court in Title Appeal No. 18 of 2011 affirming the judgement and decree passed by learned Trial Court.

2. Briefly stated, the predecessor-in-interest of the present appellant, Bishnu Pada Mondal files the suit for declaration that the mortgage created by the document described in ‘Kha’ schedule of the plaint in respect of the property comprised within plot no. 5655 and 5656 within Mouza Mouligram was redeemed and the plaintiff/appellant has the right title interest over the ‘Ka’ schedule property and for permanent injunction, stating, inter alia, that the original plaintiff Bishnu Pada Mondal approached the defendant to lend a sum of Rs. 500/-but the defendant/respondent Kishori Mohan Samanta refused to lend any money without security. Helpless plaintiff was compelled to place the property described in ‘Ka’ schedule of the plaint on mortgage. The defendant/respondent got a deed of sale executed in his favour by plaintiff/appellant showing a sum of Rs. 1500/-as consideration money and the said instrument was registered on 22nd July, 1974. It is contended that at t