JUDGMENT

Sen, J. - This is an appeal by the plaintiff and arises out of a suit for recovery of Rs. 1,365 as damages from the defendant. The claim which gave rise to this appeal was somewhat peculiar. On 30th September 1919, certain pardanashin ladies sold a zamindari property to Faiyaz Ali defendant for an ostensible consideration of Rs. 25,000. On the date of the sale, the property was burdened with a mortgage, which had merged in a decree, dated 28th July 1909. Under this decree, the mortgagors were liable to pay to the 'mortgagees, a sum of Rs. 9,516. This amount was left with the vendee for payment to the mortgagee decree-holders namely, Ram Lal and Puran Mal. Faiyaz Ali vendee did not pay this amount to the decree-holders. Ram Lal, one of the decree-holders, instituted a suit for pre-emption against Faiyaz Ali and obtained a decree on 9th March 1921. The decree was conditional upon his paying to Faiyaz Ali Rs. 2,471-4:-0 in addition to Rs. 9,516 which has already been adverted to. These sums were paid and Ram Lal got possession over the property on 18th May 1921.

2. Ram Lal seeks to recover from Faiyaz Ali vendee the interest on the sum of Rs. 9,516 for the period between the da