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S.R.V. Sivarama Prasad Bahadur, Rajah ... vs Srinivasa Traders, A Joint Hindu Family ... on 6 August, 1958

That position is clearly untenable, as urged by Mr. Srinivasagopalachari. It is well settled that money paid as advance by a purchaser to the vendor, in circumstances like this, cannot be retained as security, vide the ruling of a Bench of this Court in Rattamma v. Krishnamurthi, 54 Mad LJ 40: (AIR 1928 Mad 326), which ruling has been followed by another Bench of this Court recently in Sundararama lyer and Co. v. Murugesa Mudaliar, . So, we reject this contention also.
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