JUDGMENT

MATHEW, J.:—One Deojibhai executed a sale deed on 30-12-1950 in respect of the property in question in favour of the appellant for a sum of Rs.12,000/-. No part of consideration was paid at the time of the execution of the sale deed. The appellant promised to pay the amount by 21-5-1951 and covenanted that in case of non-payment, the amount due would be a charge upon the property sold. After the execution of the sale deed, the appellant was put into possession of the property and he paid Rs.3,100/- in three instalments. Deojibhai died in 1955 leaving his widow, the respondent and a son who died subsequently leaving his widow Manibai. Manibai filed a suit in 1956 in the Bombay City Civil Court against Deokabai, the respondent claiming a share in the property left by her father-in-law. Deojibhai This suit was compromised and Deokabai was appointed receiver of the estate of Deojibhai with a direction by the Court to realise his assets and to pay a certain amount to Manibai. Deokabai the respondent, filed the suit from which the appeal arises on the basis that the appellant defaulted to pay the full purchase money of the property and that she was entitled to the same with inte