(1.) This is an appeal by the defendants against the decision of the Subordinate Judge of Shahabad decreeing the plaintiff's claim for Rupees 4,742 as the balance of the consideration of a sale of immovable property executed by the plaintiff in favour of the five defendants. The plaintiff is the widow of one Jangi Pande who was murdered on 30 April 1923, leaving the plaintiff and a daughter by his first wife. The sale-deed was executed by the plaintiff on 5 February 1924 and execution was admitted by the plaintiff before the Sub-Registrar on 7 February.
(2.) The deed conveyed to the vendees, who were her husband's gotias, 21 out of the 25 bighas of land which belonged to her husband and a dwelling house in consideration of a payment of Rs. 6,000. The sale-deed was executed for the plaintiff by her father. On 25 April 1924, the plaintiff, who was then a minor, instituted a suit through her father for a declaration that the sale-deed had not in fact been executed by her and that the deed was a forgery and void.
(3.) The Subordinate Judge held that the deed had been executed by the plaintiff, but that the vendees had not paid Rs. 4,742 out of the consideration mentioned in the deed. The plaintiff appealed to the High Court and the vendees filed a cross- objection. Both the appeal and the cross-objection were dismissed. The plaintiff then instituted the present suit in forma pauperis for recovery of Rs. 4,742 and interest at 12 per cent per annum. The defendants plead payment. They allege that Rs. 3,642 had been paid to the plaintiff in cash and that the balance had been utilised in paying off certain of the creditors of the vendor and her husband.