MANNAMPURATH GEORGE AND ANOTHER Vs. KUNDILE PURAYIL MOIDEEN

JUDGEMENT

(1.) Based on an agreement for sale, the appellants herein obtained an amount of Rs. 50,000.00 as part of consideration from the respondent on 20.04.1999 and thereafter, they received Rs. 30,000.00 on 12.10.1999, Rs. 10,000.00 on 22.10.1999 and Rs. 42,000.00 more on 29.10.1999.

(2.) Subsequently, on mutual consent, the contract was rescinded and the appellants agreed to repay the advance money received. They paid an amount of Rs. 50,000.00 on 28.12000. The balance amount was not paid. The respondent sued the appellants for return of the advance money.

(3.) Initially, the suit was dismissed by the trial court on the question of limitation. An appeal was preferred as A.S.No.18/2007. The lower appellate court allowed the appeal and decreed the suit thereby allowing the respondent herein to realise a sum of Rs. 1,00,000.00 with interest at the rate of 6% per annum from the date of suit till realisation.