JUDGMENT :

B.K.NAYAK, J.

1. In this appeal the appellant has challenged the judgment and decree respectively dated 17.08.1993 and 31.08.1993 passed by the learned Sub-ordinate Judge, Baripada in Money Suit No.23 of 1988.

2. The appellant-plaintiff filed the aforesaid suit for realization Rs.1,75,085.41 with pendentlite and future interest from defendant no.1.

The case of the plaintiff-appellant is that defendant no.1-respondent no.1 purchased a bus bearing Registration No.O.R.M-6448 with financial assistance from OSFC (defendant no.2) and the vehicle had been hypothecated to the OSFC. Defendant no.1 having defaulted in repayment of some instalements agreed for transfer of the said vehicle to the plaintiff subject to approval by the OSFC. On 26.5.1987 he had sworn an affidavit to that effect and received a sum of Rs.1,25,000/-from the plaintiff towards consideration for the proposed sale and also on the same day delivered possession of the bus to the plaintiff for plying the same. Since the vehicle was not in running condition, the plaintiff spent about Rs.20,000/-for repair and making the vehicle road worthy. The plaintiff also deposited Rs.10,288/-and Rs.5,000/-with the D.T.M., Bari