RAMJI JADAV Vs. RAMCHANDRA PRASAD

JUDGEMENT

(1.) THE defendants are the appellants in this second appeal which is directed against a judgment of affirmance.

(2.) TWO sale deeds marked Exts 1 and 1 (a) were executed by the plaintiff in favour of the defendants in respect of certain lands, details whereof are not necessary to be mentioned. The consideration money in each of the two sale deeds was Rs. 2,000/ -. Two money decrees had been obtained against the plaintiff -vendor. The two decrees were being executed in two execution cases, namely. Nos. 34 and 35, each of the year 1965. The decretal dues amounted, to Rs. 1, 381/ - and Rs 1,384/ - in Execution case Nos. 34 and 35 of 1965 respectively. Out of the consideration money of Rs. 2,000/ - the major portion thereof, namely Rs. 1,381/ - and Rs. 1,384/ - were kept in deposit with the vendees for satisfaction of the two decretal dues. The sale deeds mentioned that these two amounts shall be paid by the vendees and they shall keep with them the proof of such payments. The remaining amount of the consideration money, namely, Rs. 476/ - and Rs. 419/ - were to be paid in cash to the vendor.

(3.) THE defendants contested the suit mainly alleging that the amount of Rs. 835/ - was paid to the plaintiff at the time of execution of the kebala and the balance amount of Rs. 165/ - which was to be paid towards the decretal dues of the two execution cases was paid by the vendees to one Ramlakhan Yadav for satisfaction of the decretal dues aforesaid. Ramlakhan Yadav demanded an extra amount of Rs. 26/ - from the vendees which they refused to pay. This irritated Ramlakhan Yadav and he paid the amount of Rs. 3,165/ - to the plaintiff out of which the plaintiff was paying the decretal dues in instalments.