Divisional Magistrate, Bhatapara and, then on 17.03.2003 only Itwari (plaintiff) instituted a suit for declaration of title and permanent injunction stating inter alia that in the year 1978 his village was drought affected and plaintiff, being in need of money, borrowed Rs.1,000/from defendant No. 1 and executed a nominal sale deed on 22.04.1978 vide Ex.D-1 as a security for repayment of the loan and it was settled between them that when the plaintiff will return his money, defendant No. 1 would return the sale deed and would execute agreement and in the meantime, possession of the land would remain with defendant No. 1. It is further case of the plaintiff that he has paid Rs.1,425/- to defendant No. 1 on 25.5.1981 vide Ex. P-1 and he executed an agreement but defendant No. 1 got his name mutated in the revenue record, which was set aside at his instance by filing appeal before the Sub Divisional Officer (Revenue), Bhatapara and since defendant No. 1 has initiated the proceedings under Section 145 Cr.P.C. before the Sub Divisional Magistrate, Bhatapara, cause of action and necessity has arisen to file the suit for declaration of title stating inter alia that sale deed dated 22.4.1978 (Ex.D-1) be given effect to and the plaintiff is entitled for decree of permanent injunction restraining defendant No. 1 from interfering with his possession over the suit land.
