J U D G M E N T

Dated this 18th day of January, 2023 A Muhamed Mustaque, J.

This appeal was filed by the defendant in O.S.No.171/2011 on the file of the Sub Court, Ernakulam. The above suit was filed by the plaintiff for specific performance with alternative prayer to recover money from the defendant. The relief for specific performance was declined, that has become final. In the suit, a decree was granted in favour of the plaintiff to realize Rs.36,25,000/- (Rupees Thirty Six Lakhs and Twenty Five Thousand Only) together with interest at 9% per annum from 29.08.2008 till the date of decree and thereafter at 6% per annum till realization together with costs from the defendant.

2.The facts of the case are as follows:

The plaintiff and defendant are brothers-in-law. The defendant owned 3.5 cents of land in Vazhakkala Village in Ernakulam District. The plaintiff is a contractor. The plaintiff and defendant entered into an agreement whereby the plaintiff undertook to construct a building in the land owned by the defendant. This agreement was on 25.04.2007 and it was to construct four residential units and one residential unit would be retained by the defendant and the other three would be