JUDGMENT

R.C. Mitter, J. - This appeal is on behalf of the defendant and arises out of a suit instituted by the plaintiffs to recover from him a sum of Rs. 475 (with interest) paid to him on the basis of a contract by which the latter agreed to sell to the plaintiffs a piece of land. The contract was an oral one, entered into on 28th Kartick 1335. By it the price was fixed at Rs. 1,375. It is the plaintiff's case that at the date of contract Rs. 375 were paid by them as earnest money and later on a further sum of Rs. 100 was paid in part payment of the price. There is nothing to show that the last mentioned sum was paid by way of earnest. The plaintiffs came to Court with the case that the balance of the price was to be paid in the month of Magh 1335 at the time of the conveyance, but before that, that is, at some time in Pous 1335, the defendant refused to sell. The defence is that the time for completion according to the contract was Aughrahan 1335 and that the conveyance, was not executed by him as the plaintiffs failed to find the money. Both the Courts below have held that the contract could not be completed on account of the refusal by the defendant to convey his land, the bre