JOHNSON Vs. ANJUKUMARI

JUDGEMENT

(1.) The appellant is the defendant in O.S. No. 1009 of 2012 on the file of the file of the Court of the Second Additional Subordinate Judge of Thrissur. The said suit was filed by the respondent herein for realisation of an amount of Rs. 5,00,000/ -, which was paid to the appellant/defendant as advance money in terms of Ext. A1 sale agreement dated 6.1.2012 together with interest and costs.

(2.) The court below by judgment and decree dated 29.9.2014 decreed the suit holding that the respondent/plaintiff is entitled to realise a sum of Rs. 5,00,000/ - together with interest at the rate of 12% per annum from 6.1.2012 till the date of decree and thereafter interest at the rate of 6% per annum till realisation from the appellant/defendant and his assets. The court below further held that the appellant/defendant shall pay Rs. 92,167/ - to the respondent/plaintiff being the proportionate costs. Aggrieved by the judgment and decree of the court below, the appellant/defendant is before us in this appeal.

(3.) The plaint averments, in brief, are as follows: