CHUNI BIBI Vs. BASANTI BIBI

JUDGEMENT

(1.) This appeal arises in a suit brought by the respondents for an alleged balance of purchase money and interest thereon.

(2.) On July 21st, 1909, the respondents sold some zemindari property to the appellant for Rs. 15,000. Part of the property had been sold in execution of a decree and it was intended that the appellant should get the execution sale set aside. But it was discovered that according to Order XXI, Rule 89, as then interpreted neither the vendors nor the purchaser could get the sale set aside. Accordingly the appellant relinquished her interest in the property by a registered deed. The respondents then raised on a mortgage of the property in favour of one Parsotam Das a sum sufficient to pay off the decree-holder and in one course the sale was set aside. On October 28th, 1909, the respondents executed in favour of the appellant a deed whereby they sold to her the property which had been the subject of the earlier sale together with some other property for the stated sum of Rs. 40,000. The deed contains a recital that the respondents have received the whole of this sum and have out of it paid off Parsotam Das and discharged other debts. Before the Sub-Registrar they received a sum of Rs. 2,400 and acknowledged the receipt of Rs. 37,600. On the same day they gave the appellant a receipt for Rs. 37,600.

(3.) The present suit was instituted on November 3rd, 1912, the last day of limitation. The respondents allege that they were obliged to sell the property in order to raise some cash and pay off some creditors, that certain persons acting on behalf of the appellant induced them to acknowledge the receipt of the consideration in full and to sign the receipt for Rs. 37,600 by representing that they would after the registration of the deed pay off certain creditors of the respondents and make over to them proof of the payment and account for the balance, but that they had paid only Rs. 11,726 to Parsotam Das giving the appellant credit for that amount, for Rs. 1,000 spent in connection with the execution of the deed and for Rs. 2,400 paid at registration. The respondents claimed a decree for the balance Rs. 24,874 and interest thereon. The appellant s defence was that the real consideration for the sale was Rs. 15,126 made up of the three sums of Rs. 11,726, Rs. 1,000 and Rs. 2,400 mentioned above and that the property was not worth more. She said that Parsotam Das wished to buy the property but for reasons of their own the respondents did not wish to sell to him, therefore, they gave out that they were selling the property for Rs, 40,000, a sum which Parsotam Das was not prepared to pay, and they induced the appellant to agree to this sum being entered in the sale-deed in order that Parsotam Das might have no cause for complaint.