Venkataramana Rao, J.

1. This appeal arises out of a suit for the return of the purchase money-paid by the plaintiff in respect of a contract for sale and delivery of 600 bags of paddy by the defendants to the plaintiff. The contract was entered into on 28th October 1929 and is evidenced by Ex. D. The price per bag was fixed at Rs. 8-1-6. An advance of Rs. 200 was paid on the said day and later a sum of Rs. 1110 was advanced. In all, the plaintiff paid Rs. 1310 towards the purchase money. The date of performance was 8th November 1929. No delivery took place on that day. The case for the plaintiff is that the defendants committed default in the delivery of the bags and therefore he was entitled to sue for the return of the purchase money. The case for the defendants is that though the contract Ex. D does not mention what bags they were to deliver it was stipulated between them that those bags were the bags which the defendants had pledged with the Imperial Bank of India, that the plaintiff was to pay in advance the amount which he had to pay towards the purchase money in order to enable them to redeem the pledge and deliver the bags to the plaintiff but the plaintiff committe