Spencer, J.

1. The plaintiff sold for Rs. 2,000 a house in which he had only a partial interest, the remainder belonging to his brother who did not join in the contract to sell or in the sale-deed. Rs. 300 were paid in advance by the purchasers. Plaintiff brought this suit to recover interest from the date fixed for performance of the contract up to the date when he took the balance: of Rs. 1,700 out of Court. He succeeded,; in the first Court, but on appeal the District Judge dismissed his suit for two reasons:

(1) That the stipulation for payment of interest occurs only in the contract to sell and not m the sale-deed and that the latter must be treated as superseding the former, both documents having been executed on the same day.

(2) That plaintiff was himself the cause of the default in payment.

2. The stipulation for interest in Exhibit B is worded thus:

3. "In the event of your failing to pay the said sum of Rs. 1,700 after my executing the sale-deed by the said term you shall pay me at my demand the principal and interest by calculating interest at one and a half per cent, per mensem from date of default". This evidently indicates the intention of the parties that it shou