Law:

Section:

Bengal Agricultural Debtors Act (VII of 1936), S. 34 Transac¬tion found by Board not to be a debt Civil Court has Jurisdiction to decide whether transaction is debt or not. Under section 34 of the Bengal Agricultural Debtors Act, 1 36 a Civil Court has jurisdiction over a transaction found by the Debt Settlement Board not to be a debt to decide whether that transaction is a debt or not. There is no provision in the Act, 1936 which bars such a suit. Yakub Ali and another v. Arabjan Bibi and others P L R 2 Dacca 593 ref. THIS JUDGMENT DELIVERED BY: HASAN, JUSTICE---.--- This appeal is at the instance of the plaintiff and arises out of a suit for redemption. The plaintiff's case in short is as follow: The plaintiff mortgaged the suit land to the father of defendant Nos. 1 to 3 on the 28th May 1936, for a sum of Rs. 700. He approached the Debt Settlement Board for determination of the debt. The defendants filed objection stating that, though the document appears to be a mortgage deed, but, in fact, it was an out and out sale. The Debt Settlement Board accepted the plea of the defendants and rejected the application. Being frustrated before the Debt Settlement Board, the plaintiff has instituted the present suit. 2. The defence of the defendants is that the suit is not main¬tainable in view of the provision of the Bengal Agricultural Debtors Act, that the plaintiff' did not mortgage, but in fact, sold the properties, that two of his brothers have already executed two other kabalas in favour of the defendants, which proves that the deed in question was not a mortgage, but a deed of sale. 3. The learned Munsif dismissed the suit holding that section 20 of the Bengal Agricultural Debtors fact is a bar, because the question whether a transaction is a debt or not is within the jurisdiction of the Debt Settlement Board, and the Civil Court has no jurisdiction to investigate the same. On appeal by the plaintiff', the and decree of the trial Court was upheld. Hence the present appeal. Both the Courts below dismissed the suit as not maintainable. 4. Mr. M. A. Khandkar, the learned Advocate for the appellant, contends that the lower Appellate Court erred in law in holding…

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