WALMJI LALJI Vs. ANIL CHARAN BANGAL

JUDGEMENT

(1.) This appeal is directed against the decision of Shri S. K. Ghosh, District Judge, Bankura in Money Appeal No. 11 of 1958 affirming the judgment and decree passed by Shri B. C. Choudhury. Munsif, First Court, at Bankura, in Money Suit No. 17 of 1956.

(2.) This appeal is at the instance of the defendant and it arises out of the following facts:--

(3.) The defendant Walamji Lalji was the owner of the jungle to the extent of Re. 0-10-3 ps. situated in the mouza Bhaghakhulamancharpur within P. S. Onda in the District of Bankura. He offered to sell the fuel to the plaintiff in respect of 205.93 acres of land in the property mentioned in the schedule of the document Exhibit 1 termed as "Satanama". The said deed was executed by him in favour of the plaintiff on the 5th Magh, 1357 B. S. corresponding to 17th February, 1951. The price was settled at Rs. 1,999. On the date of the execution of the deed the plaintiff advanced a sum of Rs. 600 towards the consideration money. The parties stipulated that the balance of the consideration money would be paid in the following instalments:-- Rs. 66-5-6 p. on the 15th Pous, 1357 B. S.; Rs. 300 on the 15th Magh, 1358 B. S.; Rs. 366-5-3 p. on the 15th Chaitra. 1358 B. S,; Rs. 366-5-3 p. on the 15th Magh. 1359 B. S; and the balance of Rs. 300 to be paid on the 16th Chaitra 1359 B. S.