( 1 ) THIS appeal is directed against an order of Shri K. C. Sen, learned Subordinate Judge, 1st court, Howrah dated the 31st January, 1953.

( 2 ) THE disputes between the parties spread over a long period and are varied.

( 3 ) FOR the purposes of this appeal the facts culminating in this appeal may be stated as follows.

( 4 ) THE respondent No. 2, Durga Prosad Chamria purchased in execution of a decree the disputed property known as Rurmal Goenka's property for a sum of Rs. 8,61,000/ -. Out of the purchase price Durga Prosad deposited on July 14, 1920 a sum of Rs. 2,15,250/- being one-fourth of the price and on August 20, 1920 a sum of Rs. 6,45,750/-, being the balance of the price.

( 5 ) IT is the case of the appellants that in the same year, Durga Prosad agreed to sell the disputed property to the appellants for a sum of Rs. 8,61,000/- with interest at 6 3/4 p. c. , p. a. , from the aforesaid respective dates of payment of the said sum by Durga Prosad and costs incurred by the latter.

( 6 ) ON June 21, 1923, Durga Prosad instituted a suit, being Title Suit No. 61 of 1923 of the Court of the Additional Subordinate Judge, Howrah, against the appellants for a decree a