This Revision Petition arises out of the judgment of the learned Subordinate Judge of Guntur in a suit filed by the plaintiff for the recovery of the advance paid by him to the defendant in respect of a contract of purchase of immoveable property.

The contract of purchase is vouched by Exhibit A-1. In that exhibit the parties have agreed on the 24th of July, 1947, that the defendant should sell the property to the plaintiff for a sum of Rs. 19,800, and that on that date a sum of Rs. 500 was paid by way of advance, the defendant agreeing to receive the balance of consideration of Rs. 19,300 from the plaintiff within two months from the date of the contract and to execute and deliver registered to the plaintiff on appropriate stamp paper a sale deed. In and by the terms of the said contract, it was further agreed that the defendant shall put the plaintiff in possession of the property under sale at the time of the registration of"the document. Before the period of two months actually elapsed, i.e., on the 17th of September, 1947, the plaintiff issued a notice to the defendant stating that the balance of consideration was ready and that the defendant might make arrangement for