Saidu Muhammed vs M.K.Sebastian
2021 Latest Caselaw 17421 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
      WEDNESDAY, THE 25th DAY OF AUGUST 2021 / 3RD BHADRA, 1943
                         RFA NO. 277 OF 2019 (H)
 AGAINST THE JUDGMENT IN OS 1/2018 OF SUB COURT, THODUPUZHA, IDUKKI
APPELLANT/DEFENDANT:

            SAIDU MUHAMMED, AGED 46 YEARS,
            S/o MAITHEEN, VELAMMARUKUDIYIL HOUSE, MUTHALAKODAM KARA,
            THODUPUZHA VILLAGE, THODUPUZHA TALUK.

            BY ADV DOMSON J.VATTAKUZHY



RESPONDENT/PLAINTIFF:

            M.K.SEBASTIAN, AGED 41 YEARS, S/o KORATH,
            MECHERIKUNNEL HOUSE, ANCHIRI KARA,
            ALAKODE VILLAGE, THODUPUZHA TALUK 685 585.

            BY ADV SRI.G.SREEKUMAR (CHELUR)




     THIS   REGULAR   FIRST   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
25.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 R.F.A.No.277 of 2019                 2




                                  JUDGMENT

Heard both sides. It is an appeal against the decree

for return of the advance amount covered by an agreement

for sale of immovable property. Execution of agreement for

sale and receipt of advance amount are admitted. No counter

claim was raised in the suit and no evidence adduced to

show any damage sustained or to apply any forfeiture

clause. Inter alia it is contended by the learned counsel

for the appellant that the interest ordered does not

reflect the mandate under Section 34 of CPC and as such it

is submitted that the same requires modification. Hence

the appeal is allowed in part to that extent by modifying

the interest payable to the sum adjudged at the rate of 6%

per annum from the date of suit till the date of decree and

thereafter at the rate of 6% per annum till the date of

recovery. The impugned decree and judgment will stand

modified to that extent.

Appeal is allowed in part accordingly.

Sd/-

P.SOMARAJAN JUDGE DMR/-