ORDER

Impleadment allowed.

Leave granted.

2. We have heard the counsel on both sides. The appellant-defendant is assailing the concurrent findings of the High Court in A.S. No. 372/83, dated 12.6.1990 and the Civil Court in O.S. No. 67/81, dated 12.10.1981 that though Promissory Note, Ex. A1, dated October 28, 1978 executed for a sum of Rs. 1.5 lakhs recites case consideration, since the consideration, as pleaded in the plaint, namely, an additional land of 3 acre and 44 cents bearing survey No.8/1A2 and a building, was delivered, in addition to 10 acres of land delivered under agreement of sale dated July 21, 1978, Ex.B1, the consideration for Ex.A1 has been proved; and the suit for recovery of the amount on the basis of Ex.A1 is valid in law.

3. The facts in support thereof are that the first respondent as a general power of attorney had entered into an agreement of sale, Ex.B1, to sell 35 acres of land for a total consideration of Rs. 10 lakhs. In furtherance thereof, on paying Rs. 4 lakhs as part consideration, 10 acres of land was put in possession of the appellant. On the appellant requiring additional land and as he did not have case with him, had executed Promissory Note, Ex.A1