T VIJIARANGA NAIDU Vs. DNARAYANAPPA

JUDGEMENT

(1.) This civil revision petition is against an order of the Full Bench of the Madras Small Cause Court on a new trial application filed by the defendants (petitioners here) against the decision of the Chief Court decreeing a suit for Rs. 650. 1. This money was claimed by the plaintiff by way of indemnity under a sale deed relating to a house purchased by him from the defendants. The defendants were father and son and the father had in 1934 become an insolvent on his own petition. He was duly adjudicated but obtained his discharge on 29 November, 1940.

(2.) In 1938 the mortgagee of the property (later sold to the plaintiff) brought a suit on the mortgage and got a decree. The property was brought to sale on 16 January, 1940 and bought by the mortgagee. It was not however confirmed and on 26 February, 1940, after his discharge, the first defendant and his son sold the property to the plaintiff. The plaintiff was willing to pay off the encumbrance and did in fact do so.

(3.) The balance due under the purchase agreement, namely, about Rs. 900 was paid to the defendants.