This is a suit for recovery of Rs. 21,400 including interest representing the balance of the purchase money for which the defendants have purchased the property in question from the plaintiffs.

The plaintiffs case was that on 26th June 1961 there was an agreement between the plaintiffs and the defendants by which the plaintiffs agreed to sell a house situated at Residency Road and which is described in the plaint for a total consideration of Rs. 85,000 as mentioned in the various sale deeds. The plaintiffs case further was that the real consideration settled between the parties was Rs. 78,000 out of which the plaintiffs received only Rs 58,000 leaving a balance of Rs. 20,000. At the time of arguments however, the learned counsel for the plaintiffs abandoned this plea and conceded that the suit may be decided on the footing that the consideration fixed was Rs. 85 000 out of which the plaintiff had got Rs. 65,000 leaving a balance of Rs. 20,COO. The reason for this concession was that whatever may be the consideration between the parties, there was no dispute that a sum of Rs. 20,000 out of the entire consideration money was not paid to the plaintiffs. In

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