JUDGMENT.-The defendant in O.S. No. 1675 of 1974 on the file of the City Civil Court at Madras is the appellant. The respondent-plaintiff filed the suit for the recovery of a sum of Rs. 15,975 with future interest and costs in the fallowing circumstances.

2. According to the respondent the appellant is a building contractor and was at the relevant time constructing house No. 35, Muthu Gramani Street, Mylapore, Madras-4. He used to apply for loans to the respondent for his construction work. In 1968, the respondent was making attempts to get a seat for her son in the Madras Medical College. The appellant promised to obtain a seat for the respondent’s son in the medical college if the respondent would lend him some money. Accordingly, the respondent paid Rs. 15,000 in all to the appellant. However, her son could not get a seat in the medical college. Since the appellant had obtained the money from the respondent on-false representation he was bound to repay the same. On 8th January, 1971. he also executed Exhibit A-1 agreement undertaking to repay the money on or before 31st March, 1971. Since he. failed to make the repayment, the suit had to be filed by her for the refund of. the mo

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