A. N. GROVER, J. :- This appeal arises out of a suit for recovery of Rs. 34,000/- with interest on the basis of a charge claimed over the property known as "Villette" Simla East which belonged to one Mr. W.G. Deeks who executed a deed of sale in respect of it in favour of the defendant on 29th September, 1947 for a total consideration of Rs. 75, 000/-. The plaintiff Bank is the Administrator of the estate of Mr. Decks who apparently had died, the Letters of Administration having been granted by the Senior Subordinate Judge, Simla, on 18th February, 1959.

2. The suit was instituted inter alia of the ground that out of the consideration, of Rs. 75,000/- for which the sale had been effected in favour of the defendant, Rs. 25,000/- had been paid by means of a cheque dated 22nd September 1947 on the Lloyds Bank Ltd., Simla, and another sum of Rs. 25,000/- was paid by means of a cheque dated 29th September 1947 in the presence of the Sub-Registrar, Simla, at the time of the registration of the sale deed, leaving a balance of Rs. 25,000/- about which the stipulation in the deed was in the following words :

"* * and the balance of Rs. 25,000/- (Twenty five thousand) is to be paid by