BISHAN SINGH Vs. MAHBUB ALI

JUDGEMENT

(1.) This is an appeal from the judgment of a Division Bench of the High Court of Judicature at Lahore reversing a judgment of the Single Bench of the same Court which had affirmed an order of the Subordinate Judge at Amritsar.

(2.) The appeal presents a somewhat unusual feature in that it is necessary for their Lordships to determine an issue of fact without the advantage of a direct finding upon it by the Judge who saw and heard the witnesses.

(3.) The relevant facts appear to be as follows. In November 1935, B. Bishan Singh, the deceased appellant, now represented by his sons the present appellants, who will be referred to as "the decree - holder," agreed to sell to the respondents certain parcels of land for the sum of Rs. 19,600. Under the sale deed which was dated 10 January 1936, there was left unpaid the sum of Rs. 11,600, which was to be charged on the property and it was agreed that the whole sum with interest was to be paid off within 2? years. It was not so paid off, and on 28 October 1939, there was a sum of about Rs. 13,000 outstanding. On that date the decree - holder commenced proceedings in the Court of the Subordinate Judge, Amritsar, asking that a declaratory decree should be passed cancelling the sale deed and for possession of the land in question.