JOSEPH MOOLAYIL Vs. K.M. DEVAKI AMMA

JUDGEMENT

(1.) REVISION petitioner was the defendant in O.S.476/1994 which was tried and disposed of by the Sub Court,Palai granting a decree in favour of the plaintiff in the suit.The respondents are the legal heirs of the plaintiff.The suit was filed for recovery of money on the strength of promissory note.Decree passed in terms of the plaint for an amount of Rs.1,19,545 with future interest at the rate of 12 per cent per annum was appealed against by the petitioner in A.S.426/96 filed before this court.This court dismissed the appeal with cost.

(2.) RESPONDENTS filed E.P.18/96 before the Sub Court,Palai to execute the decree.The execution court attached the residential house of the revision petitioner and the land appurtenant thereto.Petitioner had deposited a sum of Rs.25,000 towards the decree debt during the pendency of the Appeal Suit in order to comply with the condition stipulated by this court for granting stay of execution of the Judgment and Decree under appeal.

(3.) THE case of the revision petitioner is that the respondents and himself entered into a compromise on 17th January 1998 to settle the whole issue including the settlement of criminal case pending against him before the Magistrate's Court under S.138 of the Negotiable Instruments Act.As per the said agreement the revision petitioner agreed to pay an amount of Rs.1,25,000 including a sum of Rs.42,000 already paid till 8th December 1997.It was also agreed that the revision petitioner should pay an amount of Rs.25,000 on or before 25th January 1998 and the balance amount of Rs.58,000 in monthly instalments of Rs.2000 out of the total balance of Rs.83,000.Revision petitioner paid Rs.25,000 on 24th January 1998 in terms of the compromise.Subsequently payments according to the monthly instalments agreed upon was continued and paid upto 7th July 2003.He has thus paid a total amount of Rs.72,000 as against the sum of Rs.58,000 due as per the agreement entered into on the basis of the compromise.Revision petitioner has paid a total amount of Rs.1,39,000.Hence an amount of Rs.14,000 was paid in excess,over and above the agreed amount.