KAPUR, J. - This is a plaintiffs appeal against the judgment and a decree of a learned Subordinate Judge First Class Delhi dismissing the plaintiffs suit for damages for breach of a contract of a sale of immovable property. On 29th September 1944, Jawala Parshad defendant agreed to sell to Madan Mohan a building consisting of a house with two shops bearing Nos.10087-10093 for a sum of Rs.34,000. A receipt was executed which evidenced the payment of Rs.99 by the plaintiff to the defendant as earnest money. It is recited in the receipt

"I have received in cash Rs.99-/.... in advance from the said vendee in token of confirmation of the transaction and executed this receipt for the money so that it may serve as an authority."

On 17th November 1944, the plaintiff paid another sum of Rs.2901 and described it as cash out of sale price fixed and on the same day a registered agreement was entered into by which the defendant agreed to give vacant possession of that property which was in his possession and to get the tenants in other portion of the property to attorn to the plaintiff, and this was to be done within three months and the sale-deed was then to be executed and in default t