LAKSHMI Vs. VIJAYAN

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 30.10.2019 in A.S.No.208/2015 on the file of the Additional District Court-II, Palakkad (hereinafter referred to as 'the first appellate court') arising from the judgment and decree dated 27.7.2015 in O.S.No.586/2013 on the file of the Additional Munsiff's Court, Palakkad (hereinafter referred to as 'the trial court'). The appellants are the defendants and the respondents are the plaintiffs in the suit. The parties are hereinafter referred to as 'the plaintiff' and 'the defendant' according to their status in the trial court unless otherwise stated.

(2.) This Regular Second Appeal arises out of a suit for realization of money. The plaintiffs filed the above suit for recovery of money from the defendants on the basis of an alleged agreement between the plaintiffs and the father of the defendants for mining and filtering of sand from the plaint schedule property subject to the sanction from the statutory Authorities concerned.

(3.) According to the plaintiffs, they had entered into Ext.A1 agreement dated 02.07.2007 with one Ramaswamy, whose legal representatives are the defendants for mining and filtering sand from the plaint schedule property. They further alleged that they have paid an amount of Rs.3,00,000/- to the aforesaid Ramaswamy and the said amount was to be adjusted towards the consideration under Ext.A1. It was further alleged that the said Ramaswamy had to repay the amount since the plaintiffs failed to obtain requisite permission from the Authorities concerned. Long after Ext.A1 and after the death of Ramaswamy, the plaintiffs issued Ext.A2 notice dated 19.10.2013 demanding return of the amount. Thus the said notice was replied to under Ext.A3. The suit was filed thereafter on 26.11.2013.