MADHAVAN PILLAI Vs. SIVARAMA PILLAI

JUDGEMENT

(1.) Appeal by the decree holder. The decree is for refund of advance paid under a contract for sale of land, which did not materialise. The decree holder contended that the liability arose "out of a breach of trust" and is therefore outside the purview of the Agriculturists' Debt Relief Act. The contention was upheld by the Munsif, but has been repelled by the Additional District Judge.

(2.) The advance paid under a contract for sale is money paid not in trust but in part payment of the price of the land contracted to be sold. If the contract is not performed it can only be a breach of contract, and not a breach of trust. The liability to refund the advance cannot therefore be said to have arisen "out of a breach of trust". The second appeal fails and is dismissed hereby.