Rasiya v. K.P.Ashraf
Case brief
What is this about?
This regular first appeal against a decree granting return of advance with 12% interest was allowed. The High Court held that without pre-quantified damages, the advance return is due. Interest under Section 34 CPC was reduced to 6%.
What did the court decide?
Interest on principal sum modified from 12% to 6% per annum from the date of suit.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
RFA NO. 529 OF 2013
AGAINST THE JUDGMENT AND DECREE DATED 25.01.2013 IN OS 379/2010 OF
II ADDITIONAL SUB COURT,KOZHIKODE
APPELLANT/DEFENDANT:
RASIYA
AGED 47 YEARS
D/O.IMBICHALI, PANIKKARA, VELIPRAM AMSOM,
KARINKALLAI DESOM, KOZHIKODE.
BY ADV SRI.A.V.M. SALAHUDDEEN
RESPONDENT/PLAINTIFF
K.P.ASHRAF
AGED 40 YEARS
S/O.ALI, VELASSERY THAZHAM,
VELIPRAM AMSOM, KARINKALLAI DESOM.P.O.,
FAROKE COLLEGE, KOZHIKODE.673 631.
Issues for consideration
2 issues framed by the court
Whether the advance amount paid under the contract for sale is liable to be forfeited without pre-quantification of damages.
Whether the pendente lite interest awarded under Section 34 of CPC was correctly calculated.
Parties & counsel
- appellant
RASIYA
- respondent
K.P.ASHRAF
Coram
P.SOMARAJAN
Case details
As recorded by the court registry
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