MUSSAMAT BASSO KUAR Vs. LALA DHUM SINGH

JUDGEMENT

(1.) THE question in this case is whether a debt which at one time was due from the Respondent to one Barumal, whom the Appellants represent, and which has never been paid, has been extinguished by lapse of time. The High Court, differing from the Subordinate Judge, have decided the point against the Appellants, and have dismissed the suit brought by them for recovery of the debt.

(2.) BARUMAL and Dhum Singh, who were bankers in Saharunpur, had dealings together, and Dhum Singh came to owe Barumal Rs. 33,359. 3a. 6p. It was then agreed between them that Dhum Singh should convey to Barumal or to his wife, Basso Kuar, certain villages for the sum of Rs. 55,000, and that his debt should be set off against the price. On the 1st of September, 1879, he executed and delivered to Barumal a deed by which he acknowledged the receipt of the whole purchase-money, and conveyed the villages to Basso Kuar, and he indorsed on the deed a memorandum shewing that the balance only of the price, after allowing for the debt, was paid in cash. No money was actually paid.

(3.) ON the 24th of February, 1881, the Subordinate Judge decided in favour of Dhum Singh's view, and gave him a decree according to his prayer. Barumal appealed to the High Court. After reviewing the evidence their conclusion was that Dhum Singh did not make out to their satisfaction that the sale deed ever became a contract binding on Barumal, and enforceable against him in law. They therefore dismissed his suit. Their decree was made on the 14th of March, 1884.