RAMDIP SHARMA Vs. BALDEO SINGH

JUDGEMENT

(1.) The plaintiffs preferred this second appeal before this Court.

(2.) The plaintiffs instituted the suit for recovery of Rs. 1550/-, the unpaid portion of the consideration money covered by the sale deed dated 6-12-1962 (Ext. 2/a), which was executed by their father Deonarain Singh in favour of Baldeo Singh (the defendant). The consideration money mentioned in Ext. 2/a was Rupees 2,000/-, out of which Rs. 450/- was paid by Baldeo Singh (Vendee) to Deonarain Singh (Vendor).

(3.) The defence of defendant Baldeo Singh was that Ext. 2/a was a deed of exchange, and not a deed of sale. On 6-12-1962, the defendant executed another registered sale deed (Ext. 2) in favour of Deonarain Singh (father of the plaintiffs) in respect of 13 decimals of plot No. 364, 1 decimal of plot No. 363 and 21 1/2 decimals of plot No. 435 for Rs. 1500/-. The consideration money of Ext. 2 was not paid to Baldeo Singh. Hence another registered sale deed (Ext. 2/a) was executed on 6-12-1962 by Deonarain Singh (father of the plaintiffs) in favour of Baldeo Singh for a consideration of Rs. 2000/- in respect of 13 decimals. It is admitted by both the parties that the defendant paid Rs. 450/- out of Rs. 2,000/-. The case of the defendant further was that the balance of the consideration money covered by Ext. 2/a, that is Rupees 1500/-, was adjusted towards the consideration money covered by Ext. 2.