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1977 Supreme(Pat) 47

B.P.JHA
Ramdip Sharma – Appellant
Versus
Baldeo Singh – Respondent


Judgment

1. The plaintiffs preferred this second appeal before this Court

2. The plaintiffs instituted the suit for recovery of Rs. 1550.00, the unpaid por-tion of the consideration money covered by the sale deed dated 6-12-1962 (Ext. 2/a), which was executed by their father Deonarain Singh in favour of Baldeo Singh (the defendant). The consideration money mentioned in Ext. 2/a was Rs. 2.000.00, out of which Rs. 450.00 was paid by Baldeo Singh (Vendee) to Deonarain Singh (Vendor).

3. The defence of defendant Baldeo Singh was that Ext. 2/a was a deed of exchange, and not a deed of sale. On 6-12-1962, the defendant executed another registered sale deed (Ext. 2) in favour of Deonarain Singh (father of the plaintiffs) in respect of 13 decimals of plot no. 364, 1 decimal of plot no. 363 and 21 1/2 deci-mals of plot no. 435 for Rs. 1500.00. The consideration money of Ext. 2 was not paid to Baldeo Singh. Hence another registered sale deed (Ext.2/a) was execu-ted on 6-12-1962 by Deonarain Singh (father of the plaintiffs) in favour of Baldeo Singh for a consideration of Rs. 2000.00 in respect of 13 decimals. It is admitted by both the parties that the defendant paid Rs. 450.00 out of Rs. 2,0

















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