HARIHAR PRASAD SINGH Vs. NARSINGH PRASAD SINGH

JUDGEMENT

(1.) This is a first appeal from a decree of the learned subordinate Judge, Second Court, Monghyr, decreeing the plaintiffs claim for a declaration that a certain deed of sale was a valid document and possession of the properties in dispute.

(2.) The facts of the case can be shortly stated as follows: On 18 November 1919, the plaintiffs mortgaged their four annas share in villages Olapur, Chhakipar including Jalkar Nonia, Maisaha including Ghat Buzurgabad and two annas share in villages Simra and Kathaura to the defendants first party to secure an advance of Rs. 7000. On the same date the plaintiffs executed a sale deed in favour of the defendants first party by which they conveyed to the latter two annas share in village Simra exclusive of kamat lands and four annas share in village Etwa for a consideration of Rs. 14,500. On 17 November 1923, in consideration of a further advance of Rs. 1925 the plaintiffs executed a second mortgage of the villages which were the subject-matter of the first mortgage in favour of the defendants first party. On 2 March, 1933, there was an adjustment of accounts between the parties which showed a sum of Rs. 21,885 due from the plaintiffs to the defendants. It was alleged by the plaintiffs that the defendants first party eventually agreed to take a sum of RS. 16,000 in full satisfaction of the dues of the mortgagees. Further, it was agreed between the parties that the defendants would take a two annas share in the village of Simra including the kamat and khudkast lands in full satisfaction of this sum of Rs. 16,000.

(3.) It was further agreed that the plaintiffs would transfer to the defendants first party 12 bighas of jote land situate in village Gangour for an additional sum of Rs. 1000. This land had been purchased at a court sale by one Jiwan Ram Marwari in execution of a decree against the plaintiffs and the consideration money Rs. 1000 was to remain with defendants first party to pay off the dues under this decree and also certain other debts.