JUDGEMENT :- 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 following 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 8-1-1971 he also executed Ex. A-1 agreement. undertaking to repay the money on or before 31-3-1971. Since he failed to make the payment, the suit had to be filed by her for the refund of the money.

3. Th