VENUGOPAL Vs. ANILKUMAR V G

JUDGEMENT

(1.) The plaintiff and defendant entered into and executed Ext A1 agreement for sale. The plaintiff agreed to purchase the property of the defendant for Rs 21,25,000/-. Five lakh rupees was paid by the plaintiff to the defendant on the date of agreement towards sale consideration in advance. The suit was filed for return of the amount of Rs 5,00,000/-. The trial court found breach of contract at the plaintiff's end. He was given a decree for Rs 4,80,000/- with interest and costs. According to the trial court, the amount of Rs 20,000/- the defendant paid to DW3 as brokerage should be borne by the plaintiff. The defendant filed appeal against the decree directing payment of costs. The plaintiff filed a crossobjection against the denial of Rs 20,000/-. The appeal was dismissed and the cross-objection was allowed. The appellate court granted a decree to the plaintiff for Rs 5,00,000/- with interest and costs.

(2.) Heard Sri.Geroge Cherian, the learned senior counsel appearing for the appellant/defendant.

(3.) The trial court's decree was challenged in the first appeal only against the costs awarded. Therefore the trial court's decree for Rs 4,80,000/- with interest has become final.