(1.) THIS is a revision under Section 25 of Small Cause Courts Act, by the defendant against whom the plaintiffs' claim is decreed by the lower Court for Rs. 850 and costs.
(2.) ON 19th September 1942, the defendant sold to the plaintiffs for a consideration of Rs. 939-12-9., 0-1-4 pie share of the village Nowari along with some other property and put the same in their possession. It was, however, subsequently discovered that the village share was under attachment in execution of a decree and was since before the date of sale deed under the management of the Collector. The Collector put to auction on 21st November 1943, only six pies share out of 0-1-4 which was under attachment. The sale proceeds were sufficient to satisfy the decree and consequently the remaining 10 pie share was released from the Collector's management.
(3.) THE judgment of the lower Court can be supported on a very narrow ground. It appears from the sale deed in favour of the plaintiffs that out of the consideration of Rs. 939-12 9, Rs. 909-12 9 were utilized towards the satisfaction of the vendor-defendant's prior liability and Rs. 80 were paid in cash for the expenses of the sale deed. The sale deed further contains an express agreement between parties to the effect that if on account of a defect of title or any other reason the vendee acquires no title either in whole or in part of the property conveyed by the sale deed and loses possession over the whole or any part of the property the vendor would be liable to refund to the vendee either the whole consideration or a part with damages and the vendee shall have a right to recover the same from the vendor personally or from his other property.