DAVEY, J. - (1.) IN this case the respondent sued the appellant and another person for a sum of Rs. 33,133-5-3 alleged to be due to the respondent as the balance of the consideration for a certain sale-deed dated 18th February 1888.
(2.) THE first Court dismissed the suit, but on appeal the High Court of Allahabad, by its decree dated the 2nd of June 1896, reversed the decree of the Subordinate Judge and gave judgment for the respondent with costs. By the sale-deed in question, after recitals that the respondent became entitled on the death of his maternal grandmother to the estate of his maternal grandfather, Jiwa Bam, but strangers had had got possession of the estate, and the respondent had not the necessary means of prosecuting a suit against them, and that he had therefore sold a moiety of the property for Rs. 30,000, as to 6 annas to Sah Lal Chand, and as to 2 annas to Musammat Kesar Kuar, and that he had received the entire consideration with reference to the share of each vendee in the manner detailed below, it was agreed that the vendees should institute a claim in the Court of the Subordinate Judge of Agra District jointly with the respondent to recover possession and enter into possession of the property decreed jointly with him, and take mesne profits of their share. And the respondent agreed that after the institution of the suit he would not make any settlement with respect to the subject-matter of the claim, or with-draw the claim, or get the case settled by arbitration without the consent of the vendees. If the decision of the Court should be unfavourable the Respondent was to bear the costs of the opposite party and repay the consideration and be responsible for the costs incurred.
(3.) THE consideration money of Rs. 30,000 was stated to have bean received from the vendees in the following manner: Rs. Received in cash at time of registration ... ... 25,000 By set-off against a previous debt due in respect of five rukkas ... ... ... ... ... 3,000 Caused to he paid Chandi Parshad and Jagan Parshad 2,000 --------- Total ... 30,000 --------- ;