T.S. Krishnamoorthy Iyer, J.

1. The appeal filed by the plaintiff in O. S.143 of 1958 on the file of the Sub Court, Cochin, arises out of a proceeding for restitution under S.144, C.P.C.

2. The suit was filed by the plaintiff for recovery of damages with interest thereon on account of the alleged unlawful termination of the contract by the defendant and also for recovery of Rs. 10,000/- deposited by the plaintiff for due fulfilment of the contract. The suit was decreed by the trial court allowing the plaintiff to recover from the defendant Rs. 69,995.62 by way of damages with interest at 6% per annum and also the sum of Rs. 10,000/- with interest thereon at 6 % from the date of the decree. The defendant filed A. S. 452 of 1962 in this Court against the decree and judgment of the trial court. During the pendency of the appeal the plaintiff executed the decree as a result of which the defendant deposited the decree amount on 20-8-1963 which was withdrawn by the plaintiff decree holder on 24-8-1963. A. S. 452 of 1962 was disposed of by this Court on 11-12-1966 dismissing the plaintiff's suit regarding the claim for damages but confirming the decree for the return of the security