MICHEAL Vs. SEBASTIAN AND OTHERS

JUDGEMENT

(1.) This appeal is against the decree and judgment dated 22/03/2011 in O.S. No. 244 of 2008 of the Sub Court, Kochi by the plaintiff appellant. The suit was filed for recovery of advance amount as well as the amount paid by way of part of sale consideration.

(2.) The nutshell of the case is as follows:

(3.) The first defendant entered appearance and filed a written statement admitting the execution of Ext.A1 contract for sale and also admitting the receipt of Rs.2,00,000.00 by way of advance and Rs.1,75,000.00 as on 29/01/2008 out of the sale consideration, totalling to an amount of Rs.3,75,000.00. It was contended by the first defendant that the plaintiff is not entitled return of the advance amount which comes to Rs.2,00,000.00 as there is a forfeiture clause in the contract for sale and that he had suffered loss and damages on account of the breach committed by the plaintiff. Due to the non - performance of the contract for sale by the plaintiff, the first defendant was forced to execute a sale deed in respect of some other property to a stranger for a throw away price, so as to meet his requirements in connection with the studies of his son.