MUNSHI BISHUN LAL Vs. LALA BANWARI LAL

JUDGEMENT

(1.) This is a plaintiff's appeal against a decree of the lower Appellate Court allowing an appeal from a decree of the Court of first instance which was passed in favour of the plaintiff. The suit out of which this appeal arises was brought by the plaintiff for redemption of certain property. The Court of first instance decreed the plaintiff's claim for redemption of the property in suit on payment of Rs. 573 to defendants 1 and 2 within three months of the order. On appeal, the learned Civil Judge reversed the decision of the learned Munsif and dismissed the plaintiff's claim in its entirety. It is against this decree that the present second appeal has been preferred.

(2.) On 10 November 1932 Mt. Kishen Piari executed a deed in favour of Mathura Prasad and others. Ostensibly the deed is a sale deed of a house for which the consideration is stated to be Rs. 550. There is, in this sale deed, a term that if the consideration is paid by the executant or her heirs and representatives within a year to the vendees, the latter shall re-convey to the vendor the house sold under the terms of the sale deed.

(3.) After this ostensible sale deed was executed, the vendees took possession of the house. On 16 June 1933 Mt. Kishen Piari and her son Shimbhu Sahai executed a sale deed of this house in favour of the plaintiff for a consideration of Rs. 765. Shortly afterwards and within a year of 10 November 1932 the plaintiff served a notice upon the vendees under the deed of 10 November 1932 claiming to redeem the property on payment of Rs. 550. The vendees who were made defendants in the suit denied the plaintiff's right to redeem the property and consequently the plaintiff instituted the suit out of which this appeal arises in the Court of the learned Munsif.