K.Ahmad, J.

1. The property in, dispute in the present case is a house bearing municipal holding No. 125 of ward No. 8, within the Municipality of Bhagalpur. Admittedly, at one point of time, this was the property of one Anandi Sah. It is not disputed that on the 14th May, 1957, Anandi Sah and the other members of his joint family executed a deed of sale in respect of that house in favour of the plaintiff, who is appellant here, for a consideration of Rs. 5,000/-. It was admitted therein that out of the total consideration of Rs. 5,000/-, a sum of Rs. 2,430.00 was already paid on the 20th April, 1957, by the vendee to the vendors and that the balance of Rs. 2,570.00 was to be paid at the time of the admission of the execution before the Registrar. The admission of the execution of the document was however, done by the two batches of the vendors on two dates. The sons of Anandi Sah admitted the execution before the Registrar on the 16th May, 1957, while their father did it on the 18th May, 1957, before the Registrar at his house. It is not denied that though, in accordanee with the stipulation made in the aforesaid deed of sale, the entire balance of the consideration money,