RUSTOMJI ARDESHIR IRANI Vs. VINAYAK GANGADHAR BHAT

JUDGEMENT

(1.) The plaintiff sues as the purchaser at a Court-sale of the interest of two judgment-debtors Shapurji and Pestonji in a certain land and bungalow under a trust-deed of Hormasji Sorabji, dated the 23 of December 1893. His cause of action as alleged in the plaint is the discovery that neither of the judgment- debtors, whose interest the Court purported to sell, had any saleable interest in the property. The relief which he prayed for was, possession of the property described in the plaint, or, in the alternative, return of the purchase-money on the footing of a total failure of a consideration.

(2.) His claim succeeded as regards the return of the purchase -money in the first Court, but in the lower appellate Court his suit was dismissed.

(3.) A preliminary objection has been taken that as the amount decreed in respect of purchase-money and interest in the first Court amounted to less than Rs. 500, this was a matter which could not be the subject of a second appeal.