DULHIN SIA SAKHI KUAR Vs. RAMAUTAR SINGH

JUDGEMENT

(1.) This is a defendant's appeal from the decision of the learned Additional Subordinate Judge of Darbhanga decreeing the plaintiff's suit for damages for breach of a contract in writing registered.

(2.) The facts, which are no more in controversy at this stage, may shortly be stated as follows; The plaintiff executed a mortgage bond on 9th August 1929, in favour of one Raghunandan Singh for Rs. 2,700. In order to pay off this pre-existing debt, the plaintiff executed a sale-deed on 1st June 1931, in favour of the appellant who was a mere name lender on behalf of her husband and his other members of the joint family who are also party-defend ants to the suit. The bulk of the consideration money was left in the hands of the vendee for the payment of the mortgage-debt aforesaid. But the vendee did not pay up the mortgage-debt, with the result that judgment was recovered by the mortgagee. The preliminary decree for sale was passed on 15th January 1940, which was made final on 27th January 1941. The plaintiff had also been impleaded as defendant along with the vendee. He paid up the decretal money in several instalments in course of the years 1941 and 1942, and then instituted this suit on 31st May 1943, for recovery of the money which he paid, and which, he claimed should have been paid by the vendee, the appellant.

(3.) A number of defences were raised in the Court below, challenging the plaintiffs allegations on questions of fact. These defences have not been persisted in in this Court.