ENAYATULLAH KHAN Vs. JALAN TRADING CO

JUDGEMENT

(1.) This appeal is by defendant No. 1. It arises out of a suit brought for recovery of Rs. 2271/- as the balance of the hire purchase money due from 16th February to the 3rd of June 1952, The facts involved in this case which are now admitted are shortly as follows.

(2.) There was a contract of hire purchase entered into between the plaintiff on one side and defendant No. 1 on the other relating to a Ford Prefect Car of 1951 Model. The contract of hire purchase is Ext. 2 on the record and it is dated the 10th September, 1961. The total price of the Car, as stated therein, is Rs. 10,582/-. Out of this total consideration Rs. 200/- was paid at the time of the execution of the contract. The balance of the money was to be paid as the hire amount for the car in instalments. The first instalment of Rs. 641/- was paid on 15-10-51 and thereafter subsequent instalments were paid at the rate of Rs. 631/- on the 15th of every month up to 15th. February, 1952. Unfortunately, thereafter, there were defaults made in the payment of the instalments as stipulated in the hire purchase contract with the result that on 3-6-52 the car was seized under one of the terms stipulated in the hire purchase contract. On 23-11-53 the present suit was brought for recovery of Rs. 2271/- as the balance of the hire purchase instalments due from 16th February to 3rd June, 1952. It is said that in the meantime the plaintiff after the seizure of the car, sold it to some third party for certain consideration, but the exact amount of that consideration is not known so far as this record is concerned.

(3.) The main defence pleaded was that apart from the contract of hire purchase, as stipulated in the aforesaid document (Ext. 2) there was an oral agreement between the parties whereunder the plaintiff had agreed to tell the car and to adjust the price towards the balance of the instalment money and to refund the balance of the sale proceeds to him. Both the courts below have concurrently negatived the defence case and decreed the suit. Hence this appeal by defendant No. 1.