BHUP SINGH Vs. NARPAT

JUDGEMENT

(1.) The suit which has given rise to this appeal was one for recovery of the purchase money together with interest by enforcement of the vendor s lien.

(2.) On the 5th of August, 1920, the plaintiff sold to the defendant-appellant 11.14 acres of land of Mauza Uderni. The sale was ostensibly for Rs. 3,300 but the real consideration was R3. 3,000. The entire land sold consisted of sir and khudkasht and was in the immediate possession of the vendors. As the result of this sale, the vendors became the ex-proprietary tenants of the land and as such became entitled to hold the land on payment of a privileged rate of rent. The defendant vendee, however, got a kabuliyat executed by the vendors, under which the latter agreed to pay Rs. 172 as the rent of this holding an amount which was far in excess of the statutory rent.

(3.) On the date of the sale, the property was subject to two encumbrances. The vendors had left Rs. 620 with the vendee out of the purchase money for payment to Beni and Bhullan who held a mortgage dated the 5th of January, 1914. A further sum of Rs. 800 was left for payment to one Sobha Ram on his mortgage dated the 16th May, 1916. The latter mortgage included not only the property sold but some other property belonging to the vendors, the details of which are not known and are not necessary for the purpose of this appeal.