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2010 Supreme(Online)(KER) 10866

HIGH COURT OF KERALA
M.N.KRISHNAN, J
FRANCIS – Appellant
Versus
NARAYANAN – Respondent


Advocates:
SRI.K.G.BALASUBRAMANIAN, SRI.SHABU SREEDHARAN, SRI.P.A.NOOR MUHAMMED

J U D G M E N T

This appeal is preferred against the judgment and decree passed by the Subordinate Judge, Irinjalakuda in O.S.810/95. The plaintiff i n the suit moved for realisation of the amount representing the return of the advance amount, damages etc. The court below has granted a decree for Rs.20,200/- with 12% interest from the date of suit till realisation. It is against that decision the defendant has come up in appeal challenging the correctness of the decree and dissatisfied with the refusal to grant the damages and other things, the plaintiff has filed the cross objection.

2. Heard the learned counsel for both the sides. The plaintiff and defendant had entered into an agreement whereby the plaintiff had agreed to sell 13.5 cents of his land and given Rs.50,000/- for the purchase of the property which belonged to the defendant, having an extent of 10 cents. Ext.A1 is the karar entered into between the parties. As per the karar the balance amount has to be paid within a period of one month and the document is to be executed. In case of breach, provision for damages also is made. Now after entering into the agreement the plaintiff in the suit conducted a local enquiry and ca

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