MAHABIR CHOUDHARY Vs. GAJADHAR SAHU

JUDGEMENT

(1.) Plaintiffs are the appellants. The sole question for determination is, whether the plaintiffs are entitled to a refund of the consideration money against defendant 2, who was defendant -second party and is respondent 2 to this appeal.

(2.) Plaintiffs sued for declaration of title to the structure in question as purchasers from defendant 2 -second party, Rani Krishna Bati Sahiba of Krishnagarh estate and for ejectment of the defendant -first party and for damages and mesne profits. These reliefs of the plaintiffs were refused by both the courts below. The plaintiffs further claimed, in the alternative, for a decree for refund of the consideration money of Rs. 800/ - with interest at 1 per cent per mensem against defendant 2 -defendant -second party. This claim of the plaintiffs for refund has been refused by both the courts below. The court of appeal below held that the plaintiffs were entitled to a refund of the consideration money, but as the claim was barred by limitation under Article 97 of the Indian Limitation Act (hereinafter referred to as the Act), no decree could be passed.

(3.) As in the present appeal the only point pressed is regarding the alternative claim of the plaintiffs, it is not necessary to refer to the case of the defendant -first party, who actually contested the suit. Defendant 2, defendant -second party did not appear at any stage and did not contest the suit at all and in this Court also she has not appeared and is not represented by anyone.