- (1.)THIS petition for revision has been filed by the defendant against the decree of the lower appellate Court accepting the claim of the respondents for refund of Rs. 325/- as sale consideration.
(2.)THE house to which the contract of sale related originally belonged to one 1944 Ahmad sold the house to one Babu and Babu mortgaged it in favour of Misrilal and others. In the year 1947-48 Motilal, the first mortgagee, brought a suit on the basis of his mortgage and obtained a decree for sale, in execution of which the house was sold and was purchased by the applicant Ganpat on 15-3-1948. The defendant Ganpat sold the house to the plaintiff by a registered sale deed on 186-1948. In the meantime, Misrilal and others, the second mortgagees, had brought a suit on 18-3-1948 for the enforcement of their mortgage and Ganpat was also impleaded as one of the defendants in this suit. The claim was decreed and the property was sold with the result that the respondents were dispossessed from the house. Accordingly they brought the present suit for recovery of Rs. 325/- which had been paid by them as the sale price and also claimed Rs. 75/-as damages partly for costs incurred in defending the mortgage suit and partly for repairs made to the house.
(3.)THE trial court decreed the full claim, but the lower appellate court dismissed the claim for damages and confined the decree only to Rs. 325/-, that is, for the refund of the sale price. As the amount decreed is less than Rs. 1,000/-, no appeal lies and the defendant has come up in revision.