Shiam Lal and Others vs Ram Sarup and Another

Sulaiman, C.J.—This is an appeal by the defendants against a decree of the learned Subordinate Judge awarding the plaintiffs, costs in full and Rs. 253-1 as interest. The circumstances are that on July 29, 1930, the plaintiffs executed a sale-deed of certain zemindari property in favour of defendants for a consideration of Rs. 5,500. Of this sum Rs. 4,500 was left with the defendants to pay the decree-holders against the plaintiffs the decretal amounts due with interest in four cases. One of these cases was compromised. In the other cases the defendants did not pay the amounts required and the result was that one plaintiff was arrested and detained for 24 hours and the property of the plaintiffs was taken in execution and sold. The claim of the plaintiffs was for the amount of Rs. 4,500 plus Re. 1 per cent, per mensem interest and this claim was based on Section 55 of the Transfer of Property Act which allows a vendor a charge for purchase money unpaid and for interest on it. Before the written statement was filed, the defendants paid off the principal amount of Rs. 4,500 and also interest due to the decree-holders amounting to Rs. 793. The defendants, therefore, claimed that no further sum was due to the plaintiffs, and that in fact too much had been paid by the defendants. The extra amount paid by the defendants was due to their own neglect. We are of opinion that the plaintiffs were entitled to receive interest u/s 55 of the Transfer of Property Act at the rate of 1 per cent, per mensem awarded by the lower Court. The Court below has deducted from this the Rs. 793, paid as interest by the defendants and has held that the plaintiffs are entitled to the balance of Rs. 253-1. We consider the decree is perfectly correct. The plaintiffs had succeeded in their claim from the date of the suit and it was only after that date that the defendants made any payments to the decree-holders and the plaintiffs, therefore, were entitled to receive costs in full. We dismiss this first appeal with costs.