K.B.SREEVALSAKUMAR Vs. P.PREMKUMAR

JUDGEMENT

(1.) Ext.A1 agreement dated 12.02.2008 was entered into between the parties for the sale of the plaint schedule property for a total consideration of 6 lakhs. An advance amount of 1 lakh was paid by the appellant/plaintiff to the respondent on the date of agreement. The sale deed had to be executed within a period of six months from 12.02.2008. Even during the subsistence of Ext.A1 agreement, the parties decided to rescind the contract and thereby, they rescinded the contract. It seems that an endorsement has been made at the bottom of Ext.A1 in Malayalam, the translation of it in English is as follows:-

(2.) The signature of the proposed vendor is affixed beneath the said endorsement. At the bottom of it, another endorsement is there as follows:-

(3.) According to the plaintiff, he is entitled to get the balance amount of 40,000/- from the defendant and even though repeated requests and demands were made, the said amount was not returned. The defendant contended that the return of an amount of 60,000/- as per the endorsement was in full and final settlement of the claims of the parties and, therefore, the plaintiff is not entitled to get any further amount. It is also contended that the defendant had to pay a brokerage of 10,000/- and had to incur other expenses also and, therefore, the plaintiff is not entitled to claim any further amounts.