PIRTAM SINGH Vs. JAGANNATH SARAWGI

JUDGEMENT

(1.) The only point which arises in this appeal relates to the construction of a sale- deed executed by the husband of defendant No. 2 in favour of the plaintiff on 23rd December 1938. It appears that on the date of the execution of the deed only a part of the consideration money was paid. The deed was registered on the 6th January 1939 and after the exchange of some correspondence between the plaintiff and the husband of defendant No. 2 as to the payment of the balance of the consideration the latter executed another sale deed in favour of defendant No. 3 on 20 February 1939. After that the plaintiff brought a suit for a declaration of his title under the sale deed of 23 December 1938, and for possession of the lands which were the subject of that deed.

(2.) The suit was resisted by the defendants and they alleged that the intention of the parties was that the sale deed should come into operation only on the payment of the entire consideration money, and as the entire consideration money was not paid, the title did not pass to the plaintiffs.

(3.) In the first two Courts one of the questions raised was as to what was the extent of the land sold in favour of the plaintiffs and the lower appellate Court ultimately held that this land was 1.16 acres and granted a decree to the plaintiffs in respect of that area. This decree has been upheld by the learned single Judge of this Court and hence this appeal under the Letters Patent.