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Judgment
12 paragraphs · 369 wordsLeave granted.
This appeal arises out of judgment and order dated 09.03.2018 passed by the High Court of Kerala at Ernakulam in RFA No. 927 of 2012.
The proceedings arose out of suit for specific performance filed by the present appellant in respect of agreement dated 14.11.2009. On the date when said agreement was entered into, as against the total consideration of 14.40 laks, a sum of Rs.3 lakhs was paid by way of earnest.
The suit was decreed by the Trial Court. However, while exercising first appellate jurisdiction, the High Court allowed the first appeal preferred by the present respondent and dismissed the suit for specific performance. The High Court also passed consequential order directing the respondent to refund the sum of Rs.3 lakhs which he had received as earnest money from the appellant alongwith interest at the rate of 6%.
It must be stated here that soon after the decree was passed by the trial court, the appellant had deposited a sum of Rs.11.40 lakhs in the concerned court and the money still lies in deposit with said Court.
Heard learned counsel for the parties.
In our view, considering the facts and circumstances on record, the ends of justice would be met, if we direct;
(A) the respondents to pay to the appellant a sum of Rs.12 lakhs towards full and final settlement of the claims between the parties. Let the amount be deposited in the Trial Court within three months from today.
(B) If the sum as indicated hereinabove is deposited within the stipulated time, the appellant shall be entitled to withdraw said sum as well as the amount that he has deposited in the Court on 22.10.2012 alongwith interest if any, accrued thereon.
(C) In case, the respondent fails to deposit the sum as indicated above, the decree for specific performance passed by the Trial Court shall revive and the appellant shall be entitled to get the decree executed in accordance with law.
(D) In the event, the decree passed by the Trial Court stands revived, the respondent shall be entitled to the amount deposited by the appellant in the Court on 22.10.2012 alongwith interest accrued thereon.
The appeal stands disposed of in aforesaid terms.