( 1 ) THIS is a revision under Section 25 of the Provincial Small Cause Courts Act against the judgment and decree dated 6-5-1978, passed by the Fourth additional District Judge, Gwalior who is invested with Small Cause Courts powers, in case No. 24 of 1976, Small Cause Suit.

( 2 ) THE facts of the case are that one Ram Swarup, who is now dead, was the plaintiff. He filed a suit against the defendant in the Court of Small Causes, gwalior, for refund of earnest money of Rs. 500/- along with the interest thereon at the rate of 1 per cent per month, amounting to Rs. 183/ -. In all, he claimed Rs. 683/ -.

( 3 ) THE plaintiffs claim was that the applicant (defendant) entered into a eon-tract of sale of the house located at Morar on 12-1-1968, for Rupees 20,000/ only and obtained Rs. 500/- from the plaintiff as earnest money and executed an agreement of sale in his favour. The defendant promised to execute the sale-deed by 31-3-1968. The defendant, however, is avoiding the sale. While in the meantime, it was discovered by the plaintiff that one Kesrimal has put his lock on one of the inner rooms, which is in the property to be sold to the plaintiff. Seeing this that the