BOOPATHY Vs. V. SANTHOSH KUMAR

JUDGEMENT

(1.) The defendant is on appeal. Challenge is to the decree granting refund of the advance amount under an agreement dtd. 12/4/2012. According to the plaintiff, the defendant agreed to sell the property belonging to him measuring about 4 acres 24 cents at Rs.29,00,000.00 per acre. An advance of Rs.25,00,000.00 was paid on 12/4/2012 and a period of seven months was fixed for performance of contract, which would in normal course expires on 11/11/2012. A further sum of Rs.3,00,000.00 was paid on 18/7/2012. Thus, the total advance paid was Rs.28,00,000.00.

(2.) Contending that the defendant did not perform his part of the contract, despite demands, the plaintiff sought for refund of advance. The suit was laid on 22/1/2015. The suit was resisted by the defendant contending that Clause 6 of the agreement between the parties provided that the plaintiff will have to forfeit 1/4th of the advance amount in the event of his failure to perform his part of the contract. The plaintiff has also claimed interest at 12% per annum on the sum of Rs.28,00,000.00. The defendant denied the liability to pay interest.

(3.) On the above pleadings, the learned Trial Judge framed the following issues:-