KAMALASANAN Vs. VINEESH M. VAGHESE AND ORS.

JUDGEMENT

(1.) FIRST defendant in a suit for realisation of money is the appellant. Plaintiff and second defendant are the respondents in this appeal.

(2.) HEARD the learned counsel for the appellant and the contesting respondent/plaintiff.

(3.) FIRST defendant filed a written statement contending that Ext. A1 agreement between the parties was novated as per Ext. X1 agreement. Therefore, the plaintiff has no right to enforce any right under Ext. A1. Not only that the plaintiff himself had agreed to purchase ten cents of property out of 35 cents and relinquished all his claims over remaining 25 cents. Apart from that, the plaintiff purchased ten cents abutting a public road, thereby he got the prime portion of the property for a comparatively lesser price. Therefore, the first defendant suffered damage on account of the fact that the property on the back side fetched only a lesser value. There is a stipulation in Ext. A1 that in the event the plaintiff failed to perform his part of the agreement on time and to obtain assignment of the entire property, he would lose the advance amount paid. As the first defendant suffered damage on account of the act of the plaintiff, by operation of the said clause, the first defendant is entitled to forfeit the advance amount paid.