T R DAVID Vs. K SALIM

JUDGEMENT

(1.) One among these appeals is at the instance of the plaintiff and the other at the instance of the defendant in O.S. No.293 of 2014 of First Additional Sub Court, Thrissur.

(2.) R.F.A.(Indigent) No.339 of 2017 has been filed by the plaintiff-Sri. K.Salim and R.F.A. No.335 of 2016 has been filed by the defendant Sri. T.R. David.

(3.) The suit was instituted on file by the plaintiff on the allegation that he and the defendant had entered into an agreement of sale with respect to 2 acres and 13.5 cents of land owned by the defendant in Thrissur District. The said agreement has been placed on record as Ext.A3. As per the terms of Ext.A3 agreement, the property was to be purchased by the plaintiff or sold to his nominees by the defendant at an agreed sale consideration of Rs.1,42,000/- per cent on or before 15.1.2014. The sale agreement is dated 29.5.2013 and according to the plaintiff, an amount of Rupees One Lakh was paid on the date when the agreement was entered into as an advance sale consideration. He further asserts that subsequently several other amounts were also paid, aggregating Rs.1,99,20,000/-, as advance. On such assertions, the plaintiff filed a suit making a claim for 74,04,120/-, on the allegation that out of the 2 acres 13.5 cents shown in Ext.A3, only an extent of 88.1402 cents was sold through him to his nominees. This amount represents, according to him, the difference between the alleged advance amount held by the defendant minus the value of the property sold, calculated at the rate of 1,42,000/- per cent, which amounts to Rs.1,25,15,880/-. Even though the suit was initially laid also with a prayer for specific performance of Ext.A3 agreement, the plaintiff subsequently gave up this and confined his relief for return of the advance from the defendant.