MAYA W/O LATE MADHU Vs. SREEKUMAR

JUDGEMENT

(1.) Is the money paid as consideration for getting appointment as a teacher in a recognised aided school, legally recoverable from the person to whom it was paid This is the question which essentially falls for consideration in this appeal.

(2.) The appellants are defendants 1 to 4 in the suit O.S.No.62 of 2004 on the file of the Court of the Subordinate Judge of Mavelikkara. The first respondent in the appeal is the plaintiff and the second respondent is the fifth defendant in the suit.

(3.) One Madhu was the manager of a school. On 102001, the plaintiff paid Rs.1, 75, 000/- to Madhu and the fifth defendant as advance towards the amount agreed to be paid by him for appointing him as a drawing teacher in the school. On the same day, Madhu executed an agreement stating that he had borrowed Rs.1, 75, 000/- from the plaintiff. This agreement was executed as a security for the amount paid by the plaintiff to Madhu. In April, 2001, the plaintiff paid a further amount of Rs.15, 000/-. Madhu died on 9th September, 2001. The first defendant is the wife and defendants 2 to 4 are the children of Madhu. The fifth defendant is his sister. After some months, the plaintiff approached them requesting them to arrange the job for him. They did not take any step for appointing him as teacher in the school. They also did not repay the amount paid by him. The plaintiff is entitled to realise the amount of Rs.1, 90, 000/- with interest at the rate of 12% per annum from the defendants. This is the case of the plaintiff in the suit.