BABU MAKUND LAL Vs. BHOLA RAI

JUDGEMENT

(1.) This is an appeal by the defendant and it arises out of a suit for recovery of unpaid purchase money together with interest. On 12 July 1926, Bhola Ral and others executed a sale deed of some zamindari share in favour of Rai Bahadur Babu Makund Lal appellant for Rs. 1,608-12-0. Rs. 308-12-0 were paid in cash at the time of registration. Rs. 1,300 were left with the vendee for payment of certain creditors.

(2.) It may be incidentally mentioned that the property sold was not burdened with any charge or mortgage in favour of the creditors for whom the sum of Rs. 1,300 was left.

(3.) The defendant vendee did not pay the amount to the creditors within a reasonable time and the result of it was that the present action was instituted on 4 October 1929.