ATUL CHANDRA KUNDU Vs. SARAT CHANDRA LAHA

JUDGEMENT

(1.) This appeal arises out of a suit for refund of Rs. 700 paid by the plaintiff to the defendant as earnest-money for the purchase of certain land.

(2.) It appears that under a bainapatra, dated November 1914, the defendant agreed to sell to the plaintiff, 1 bigha, 4 cottas of land together with permanent structures thereon for Rs. 4,400. Out of the purchase money so settled, Rs. 700 was paid by the plaintiffs to the defendant as earnest-money and it was agreed that on receipt of the purchase-money within three months, the kobala would be executed. There was an express provision in the agreement that in case the plaintiff failed to pay the balance of the purchase-money within the time fixed he would forfeit the earnest-money and would have no right to claim a refund of the same.

(3.) The defendant pleaded that the transaction fell through owing to the failure of the plaintiff to pay the balance of the purchase-money. It is found that the plaintiff was not in a position to pay the balance of the purchase-money, namely, Rs. 3,700 within the time fixed, and the plaintiff never offered to pay the balance of the purchase money to the defendant.