BAKHTAWAR SINGH Vs. BALWANT SINGH

JUDGEMENT

(1.) This is a plaintiffs appeal and arises out of a, suit for recovery of Rs. 2,749-6- 0 from Chaudhri Balwant Singh on account of part of sale consideration paid by the plaintiffs and damages.

(2.) There is no controversy about the facts. On the 4 of September 1918, the plaintiffs purchased certain property from the defendant for a sum of Rs. 2,600 Prior to the sale the defendant had entered into a contract with Ranjit and Bhudat to sell the same property to them. After the purchase by the plaintiffs, Ranjit and Bhudat brought a suit for specific performance of the contract of sale entered into by the defendant. That suit was contested by the present plaintiffs, but was decreed with the result that in execution of the decree obtained by them, Ranjit and Bhudat got possession of the property sold to the plaintiffs, on the 4th December 1920. In the sale-deed executed by the defendant in the plaintiffs favour there was a stipulation to the effect that if for any reason the property sold passes out of the plaintiffs possession, the plaintiffs will be entitled to realize the sale consideration paid by them with interest at Re. 1 per cent, per mensem.

(3.) The plaintiffs, admittedly, out of the sum of. Rs. 2,600, have already received a sum of Rs. 1,900. The plaintiffs claimed the balance of Rs. 700 and Rs. 930-2-0 on account of costs alleged to have been incurred by them in defending the suits filed by Ranjit and Bhudat, and a further sum of Rs. 1,119-2-0. on account of damages,