Subhedar—The facts of this case are shortly these: On 22nd February 1918 Zabu, the defendant-non-applicant, acting for himself and for his minor brother Shanker executed a sale deed in respect of 8 acres of land for Rs. 1,000, in favour of the plaintiffs-applicants and placed them in possession of the property. The vendor had a third brother Amruta who on 31st October 1925, secured, in Suit No. 185 of 1924, a decree for joint possession to the extent of a moiety in 8 acres conveyed to the plaintiffs and in April 1928 he got possession of the 4 acres pertaining to his share. In his first decree Amruta was however made to contribute Rs. 322-12-0 as it was held that he had derived benefit from the consideration of the sale on account of the purchase of some other laud by the vendors.

2. On 24th June 1929 the plaintiff instituted a suit against their original vendor, the defendant, to recover Rs. 700, as damages for failure of consideration in respect of the sale transaction of the year 1918. The cause of action was stated to have accrued in 1928 when the plaintiffs lost possession of the moiety of the land conveyed. The suit was principally resisted on the ground that the claim