LAWS(PVC)-1937-3-80

SRIMATI NAGENDRA NANDINI DASSI Vs. BHOLA NATH KHAMARU

Decided On March 03, 1937
SRIMATI NAGENDRA NANDINI DASSI Appellant
V/S
BHOLA NATH KHAMARU Respondents

JUDGEMENT

(1.) This appeal is from the decision and decree passed by the learned First Additional District Judge, 24-Perganas, dismissing a suit instituted by the plaintiff-appellant for recovery of an amount of money due on a promissory note and a deed of agreement.

(2.) The plaintiff by two different registered documents dated October 4, 1929, sold to the defendant a rice mill standing on the lands described in the schedule to the plaint in which the total consideration was stated to be Rs. 26,000, for satisfying a mortgage in favour of the defendant in respect of the properties. Subsequent to that, there was the execution of the promissory note and the agreement in suit by the defendant in the plaintiff's favour on November 20, 1929. The promissory note contained a promise to payeRs. 5,000 while the agreement was to the following effect: That you mortgaged your Emerald Rice Mill along with the lands on which it stands at Shah-pore to me at Rs. 26,000. As you had no other sources to pay the said loan, you agreed to sell the said mortgaged properties to me and I also agreed to pay you Rs. 5,000 over and above my mortgage dues being written off. You have already executed and registered sale-deeds in my favour on October 4, 1929. Hence I acknowledge and promise by executing this deed of agreement that for the aforesaid sum of Rs. 5,030 I have executed a hand note to-day in your favour and I shall pay up the entire aforesaid sum in different installments within three years from this date. You will not be entitled to sue me within that period.

(3.) On the pleadings of the parties three distinct issues were raised on the parties of the plaintiff's claim in suit: