ASSAM AND NAGALAND HIGH COURT
A, J
Rajat Chandra Deka v. Dhani Ram Deka
| Table of Content |
|---|
| 1. dispute over land ownership through mortgage vs sale. (Para 1 , 2) |
| 2. nature of transaction describes mortgage vs sale. (Para 3) |
| 3. interpretation of mortgage by conditional sale under law. (Para 4 , 5 , 6 , 7) |
| 4. court's conclusion favors validity of sale over mortgage. (Para 8) |
1. This second appeal arises out of Title Suit No. 63 of 1957 in the Court of the Munsiff, Gauhati. The plaintUls1 case is that plaintiffs No. 1 and 3 and the father of plaintiff No. 2 at first borrowed Rs.200/- from defendant No. 1 by mortgaging the suit land. Later on, in order to pay up another debt, the aforesaid plaintiff's and the father of plaintiff No. 2 borrowed another Rs.200/- from defendant No. 1 and executed a deed of usufructuary mortgage. Since then defendant No. 1 with the other defendants have been possessing the suit land by virtue of the mortgage. The plaintiffs came to know that under the provisions of the Assam Money Lenders' Act, the mortgage became redeemed on account of enjoyment of the suit land by the defendants for twelve years. So the plaintiffs asked the defendants to return the land to them, but the defendants contended that they purchased the land by a register
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