SHAIK GALIM Vs. SADARIJAN BIBI

JUDGEMENT

(1.) This is a reference by the Munsif of Iswarganj in a suit instituted before him as a Small Cause Court suit.

(2.) The plaintiffs allege tbatfout of Rs. 150, the nominal consideration for a mortgage by conditional sale in favour of the defendants, the plaintiffs received only Rs. 104. The suit was brought to recover the balance together with interest and Rs. 11 as compensation. When the case came on for hearing, one of the defendants admitted that the plaintiffs had not received the full amount of the consideration but only Rs. 104.

(3.) The questions referred by the Munsif are: