CHINNAMMAL Vs. PRAKASH

JUDGEMENT

(1.) This civil revision is directed against the order passed in I.A. No. 614 of 2014 in O.S. No. 13 of 2013, dated 09.01.2015 by the Sub Judge, Perundurai. The respondent had instituted a suit in O.S. No. 13 of 2013 before the Sub Court, Perundurai against the petitioner for recovery of Rs. 1,78,386/- with future interest.

(2.) The case of the respondent is that he entered into an agreement of sale with the petitioner on 28.06.2012 and in pursuance of the agreement, he paid Rs. 1,70,000/- as advance and thereafter, the respondent was always ready and willing to perform his part of contract, but the petitioner did not come forward to execute the sale deed.

(3.) The petitioner has filed her written statement admitting the execution of the sale agreement, dated 28.06.2012 and the receipt of Rs. 1,70,000/- as advance, however, disputed the readiness and willingness of the respondent/plaintiff. She has further stated that in view of default clause contained in the agreement of sale, the plaintiff is not entitled for return of the advance amount.