MAULADAN Vs. RUGHUNANDAN PERSHAD SINGH

JUDGEMENT

(1.) This appeal arises out of a suit in which the plaintiff, who is the appellant before us, sought for a declaration that a deed of sale executed and registered by her in favour of the defendant was void and ineffectual. The plaintiff's case seems to have been that the defendant, after the execution of the deed of sale in question, desired that it should be registered, and promised that he would forthwith pay the consideration-money, and accordingly the plaintiff presented the deed for registration and bad it registered, and called upon the defendant to pay the consideration-money. The defendant, however, promised to pay it in a short time, but subsequently declined to make the payment. Thereupon the plaintiff was obliged to issue a notice upon him either to pay the consideration-money or to treat the transaction as cancelled, but the defendant refused to receive the notice.

(2.) The case of the other side was that the whole of the consideration-money, with the exception of a small amount, was paid to the plaintiff, and that this was a completed transaction.

(3.) The Court of First Instance, upon a consideration of the evidence in this case, held that the defendant did not pay any part of the consideration-money, and in the course of the judgment that it delivered brought to light certain facts which indicated that the parties did not consider the transaction as a completed transaction, notwithstanding the registration of the deed. The Munsif accordingly decreed the plaintiff's suit.