( 1 ) THIS suit of the plaintiff Niranjan Kaur against the defendants is for the recovery of a sum of Rs. 52,000. 1 -. The facts of the case are that the plaintiff purchased flat No. 5 on the second floor of the multi-storeyed building situate. d at premises No. 27, Barakhamba Road. New Delhi through her husband Narainder Singh Brar from M/s. New Delhi Hotels Limited defendant No. I and the payement of the price thereof was to be made in instalments. Ail the instalments except two which were due on 18-11-1972 had been made. In respect of those two remaining instalments the plaintiff purchased demand draft No. DBY-598649 for Rs. 41,535. 00 through Baldev Singh and Daulat Ram employees of her husband in her name from the Punjab National Bank, Muktasar Branch, Punjab payable by the Punjab National Bank, Regal Building, New Delhi branch and the same was sent by registered post acknowledgement due to defendant No. I towards the aforesaid two instalments at its address, M/s. New Delhi Hotels Limited Ambassador Hotel, Sujan Singh Park, New Delhi. However, by mistake of the aforsaid employees of the husband of the plaintiff the said demand draft was not endorsed in the name