JUDGMENT

This appeal is preferred by the defendant in a suit for return of money received in pursuance to the agreement for sale.

2. The plaintiff entered into an agreement of sale with the defendant on 10.08.2015. In pursuance to the said agreement, the plaintiff paid an amount of Rs. 5,00,000/- as advance consideration to the defendant. Since the defendant was not prepared to return the money nor execute the sale deed, the plaintiff withdrew from the contract and instituted a suit for recovery of money. The defendant contended that he is entitled to forfeit the entire advance sale consideration as penalty for breach of contract. However, he did not plead or prove any loss due to the breach of contract.

2.1. The Trial Court concluded that since there is no pleading of loss and damage, no question of awarding compensation in terms of Section 74 of the Indian Contract Act arises and accordingly, the suit was decreed. Aggrieved, the appellant preferred A.S. No. 191 of 2018 befor