LAW FOR ALL

whether alternative relief of refund of advance of Rs.4 lakhs can be ordered. The date of Ex.A1, sale agreement is 23.09.1998. On that date, Rs.2 lakhs was received by the defendant as advance and another Rs.2 lakhs was received by him on 14.07.1999. The plaint was presented into court on 14.09.2004. Hence, the suit is out of time, that is to say, the suit has been brought three years after receipt of advance. On this score, it has to be necessarily observed that the claim for refund is also barred by time and hence the direction in the judgment of the trial court regarding refund of Rs.4 lakhs with interest has to be set aside and hence the appeal in A.S.No.1030 of 2007 has to be allowed.