MODERN BUILDERS Vs. B G NARAYANAN

JUDGEMENT

(1.) THE defendant in O.S.No.9438 of 1978 on the file of the 13th Assistant City Civil Judge, Madras, is the appellant in this second appeal. THE plaintiff in the said suit is the respondent herein. For the sake of convenience the parties are referred to by the nomenclature given to them in the suit.

(2.) THE plaintiffs suit is for recovery of a sum of Rs.18,003 with interest at 10% per annum from the date of decree till date of realisation. THE case of the plaintiff is as follows: THE defendant was carrying on business of buying and constructing houses under the name and style of "Modern Builders". THE plaintiff approached the defendant for a plot in the city of Madras for the purpose of constructing a house for himself. THE defendant agreed and requested the plaintiff to make some advance payment. THE plaintiff paid an advance of Rs.501 on 6.5.i973 towards the plot to be procured by the defendant for the plaintiff in Sri.Padmanabha Nagar, Madras 20, Subsequently the plaintiff further advanced a sum of Rs.11,501 towards the above account on 12.8.1973. On 12.9.1974 the plaintiff received a letter from the defendant stating that the plot in Padmanabha Nagar which was intended to be allotted to the plaintiff was given to somebody else and that the defendant was not in a position to allot that par-ticular plot in Padmanabha Nagar to the plaintiff. On 21.9.1974 the plaintiff wrote a letter to the defendant asking him to return the amount advanced viz., Rs.12,002 with interest inasmuch as the plot that should have been allotted to him was not given to him. On receipt of the said letter the defendant wrote to the plaintiff on 6.1.1975 asking the plaintiff whether he would be willing to take up plot Nos.36 and 37 in Chandrasekarapuram in Ambattur and if he were willing, the sale in respect of those two plots would be registered in the month of January itself. On 6.6.1977 the plaintiff wrote a letter to the defendant informing the defendant that he was not interested in the allotment of the plots in Ambattur and required the defendant to refund the advance amount with interest within 15 days from the receipt of that letter. On 15.7.1977 the defendant, replied stating that the advance made by the plaintiff had already been forfeited. THE defendant is liable to return the advance amount of Rs.12,002 paid by the plaintiff with interest.