PADMALOCHINI Vs. MALLAMRNAL

JUDGEMENT

(1.) The plaintiff in O.S. No. 334 of' 1985 on the file of the District Munsif, Pollacht is the appellant herein. She filed the suit for recovery of a sum of Rs. 10,000/- from the respondent herein, the advance amount paid pursuant to the sale agreement, Ex. A1, dated 2.11.1981. It is the case of the appellant that she agreed to purchase the property for a sum of Rs. 1,25,000/ - pursuant to the Ex. Al and paid advance of a sum of Rs. 10,000/-. As the respondent herein failed to produce the original documents and satisfy her title the appellant demanded the return of the amount. As the same was refused, the suit has been filed.

(2.) The respondent filed a written statement contesting the claim of the appellant herein stating that the appellant had committed default, and as such the advance amount has to be forfeited. The appellant is not entitled for the return of the amount as claimed.

(3.) After elaborate consideration of both oral as well as the documentary evidence, the Trial Court had decreed the suit by its judgment and decree dated 2 4.1986 The respondent herein preferred an appeal in A S. No. 105 of 1986 on the file of the Sub Court, Udumalpet The learned Subordinate Judge had allowed the appeal finding that the appellant herein had committed default in getting the sale deed executed and as such the advance amount paid by her is liable fo be forfeited. On that ground, the respondent is not liable to return the amount. Consequently the judgment was delivered on 30-3-1988. As against the same the present second appeal Had been filed.