NATHUNI SAH Vs. SATYANARAIN PRASAD

JUDGEMENT

(1.) This appeal, by the defendants first party, is from a judgment of affirmance, of the then Addl. Subordinate Judge. Motihari, who affirmed the decree of the first Court, against the appellants, for a refund of a part of the consideration of the sale to the plaintiffs.

(2.) The parties to this appeal were vendor and vendee of certain immovable property. On the 14th September 1953, defendants first party, the appellants, executed a sale deed, in respect of plots 36 and 37, for a sum of Rs. 6,000 in favour of the plaintiffs respondents. The plaintiffs came in possession of the entire plot 37, but they could not get possession over the entire plot 36. They got possession only over one katha, out of 4 bighas 12 dhurs, but they could not get possession over 3 kathas 12 dhurs, the remaining area of plot 36, due to want of title in it of the appellants.

(3.) The plaintiffs, therefore, brought the present suit for a refund of a part of the consideration money of the sale deed.