The Central Provinces Law Reports; Containing Cases Decided by the Judicial Commissioner, C.P Volume 13-15 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ... the said defendants to institute a suit for foreclosure in respect of the village of Khirsadoh and it is agreed that if the suit is successful and if the said defendants get possession of the village they will convey a half share in the village to the plaintiff "at a price which shall be fixed," the amount of the loan to be deducted from the purchase money. There is a further stipulation that if the foreclosure suit be unsuccessful the defendants will repay Rs. 600 to the plaintiffi ' The mortgage was foreclosed and possession was delivered to the defendants Nilkanth and Balkrishna who in their turn sold the entire village to the defendant Budhia for Rs. 1950 on the 11th May 1897. Thereupon the plaintiff instituted the present suit for specific performance of the contract for sale. On behalf of the defendant Budhia it was pleaded that he was a transferee for consideration and without notice, and that owing to want of certainty as regards the terms the contract could not be specifically enforced. The first Uourt gave effect to these pleas and passed a money decree only. On an appeal by the plaintiff the Civil Judge heldthat the burden of proving want of notice lay on the defendant purchaser and that he had failed to discharge the burden. He also held that the contract was one which could be specifically enforced and that the village should be valued at Rs. 1950. A decree was accordingly passed that on payment by the plaintiff of Rs. 575 the defendants should convey to him an eight anna share in the village. " _ Against this decree the defendant Budhia has ll preferred a. second appeal. It is urged on his behalf that the burden of proving notice was on the plaintiff but this question is concluded by the ruling of this...