MOHAMMAD KHAN Vs. SURATSINGH

JUDGEMENT

(1.) THIS second appeal has been filed by the plaintiff against the dismissal of his suit by the Courts below.

(2.) THE following facts are not in dispute. The respondent Suratsingh sold Khasra nos. 60, 65 and 66, area 2. 06 acres, of village Banwar, Tahsil and District Damoh, to the appellant for Rs. 180/- by a registered sale deed, dated 26-10-1947. The appellant-plaintiff was placed in possession of the lands. In April, 1950, nathusingh and Raghubar, claiming to be owners of the lands, dispossessed the plaintiff. The plaintiff then filed a suit against them which was dismissed on 22-11955. It was held in that suit that the lands belonged to Nathusingh and Raghubar and that the respondent, who had sold them to the appellant, had no title over them. On 21-1-1958 the present suit was instituted for recovery of the amount of consideration of the sale deed.

(3.) THE suit was resisted by the defendant on several grounds which it is not necessary to state for the purpose of this appeal. It has been found toy the Courts below that the plaintiff had paid Rs. 180/- as consideration for the lands and that he was entitled to a refund of the same. The trial Court dismissed the suit on the ground that there was no agreement by the defendant to refund the consideration in case the plaintiff was dispossessed. The lower appellate Court interpreting the sale deed held that an express clause for refunding the consideration to the plaintiff was incorporated in the sale deed. However, the Court held that the claim was barred by time and therefore dismissed the suit.