PETER CHERIAN Vs. ABRAHAM

JUDGEMENT

(1.) THE above two appeals arise from the judgment and decree in O. S. No. 465/2003 on the file of the First Additional Sub Judge's Court, Ernakulam. Defendants 1 and 2 are the appellants in R. F. A. No. 452/2005. The plaintiff is the appellant in R. F. A. No. 378/2006

(2.) THE suit was one filed by the plaintiff seeking for a decree of specific performance and alternatively, for return of advance money with interest and to realize amounts towards damages suffered by the plaintiff. The court below, as per the judgment and decree, partly decreed the suit for payment of the return of advance money with interest at 18% from 17. 7. 1996 till the date of plaint and thereafter at the rate of 6% till realization. Aggrieved by the decree providing payment of interest on the said amount, defendants 1 and 4 have filed R. F. A. No. 452/2005. In R. F. A. No. 378/2006, the plaintiff has come up in appeal. The challenge is against the refusal of the court below to grant interest at 18% on the advance money from the date of suit and also he has claimed interest at 18% on all the installments paid on the said payments as and when they were made till the date from which the court decreed the interest. There is a further claim in respect of an amount of Rs. 47,500/ -.

(3.) THE short facts relating to the subject matter in controversy are the following: