CHANDA Vs. PREMCHAND

JUDGEMENT

(1.) THE defendants have been unsuccessful in both the courts below and have preferred this second appeal which is directed against the judgment and decree of the learned District Judge of Pali, dated November 13, 1959.

(2.) THE main facts of the case are not in dispute. One Heerachand owed a sum of Rs. 3711/- to the defendants and he sold the suit house to them for Rs. 7000/-on June 24, 1950 to pay off the debt. In their turn, the defendants executed document Ex. 1, which has been styled as a receipt, in favour of the vendor Heerachand. That document was admittedly drawn up after the execution of the sale deed. Allowing for the difference of Rs. 100/- referred to in the document, it recites that : (1) a sum of Rs. 3289/- was payable by the vendees on account of the price, (ii) that amount of Rs. 3289/- would remain with the vendees as 'amanat', (iii) if the vendor wanted to retain the house, he would pay Rs. 3711/-, along with interest, to the vendees, (iv) if the payment of Rs. 3711/- and interest was not made by the vendor within seven years, it would be taken that the property had been sold and thereafter there would be no right of repurchase and the vendor would be the owner of the balance. Vendor Heerachand did not secure the re-transfer of the house. On the other hand, he assigned his right to recover Rs. 3289/- to the present plaintiffs on February 19, 1957, for the recovery of Rs. 3289/-and Rs. 66/- on account of interest.