RULDU RAM Vs. BHURI LAL

JUDGEMENT

(1.) This is a rule against a judgment and decree of Mr. Mani Ram Khanna, Small Cause Court Judge, Amritsar, holding that the breach of the contract was by the plaintiff and dismissing the suit for the recovery of earnest money.

(2.) On the 22nd of January 1947, the plaintiff, Ruldu Ram agreed to purchase some property consisting of a shop, a staircase, a half share in a house and a khola for a sum of Rs. 12,000/- and Rs. 500/- were paid as earnest money. The sale was to be completed by the 7th of March 1947. This being a contract for sale of immovable property, the time was not the essence of the contract. On the 6th of March 1947, the shop was burnt down in communal riots.

(3.) The plaintiff brought the suit on the 21st of June 1950 i.e., three years after the date of the contract for the recovery of Rs. 500/- which he had paid as earnest money. The learned Judge has held that the breach was by the plaintiff.