Defendants are not entitled to forfeit the amount of advance. Even though the plaintiff has not asked for the alternative relief of return of advance amount, the Court is empowered to mould the relief.

Citation

2007 (2) CTC 345 

(Thiriveedhi Channaiah vs. Gudipudi Venkata Subba Rao (D) by LRs and others).

Comparative citation

 (AIR 2007 SC 2439), (2009) 17 SCC 341

in our considered view, the defendants are not entitled to forfeit the amount of advance. Even though the plaintiff has not asked for the alternative relief of return of advance amount, with a view to render complete justice between the parties, the Court is empowered to mould the relief