Hamaza Haji, v. Thykkandiyil Ibrahim
Contract – Agreement for sale – Return of advance sale consideration
Case brief
What is this about?
RFA No.8 of 2020, High Court of Kerala (Ernakulam), Sathish Ninan & Shoba Annamma Eapen JJ., decided 01.04.2025 (neutral citation 2025:KER:27409). Purchaser Hamaza Haji sued for return of Rs. 85 lakhs advance under Ext.A1 agreement dated 09.12.2013 (total consideration Rs. 1,79,50,000/-) with defendants Thykkandiyil Ibrahim and others over Wayanad property; Sub Court Sulthanbathery (O.S. 23/2017) decreed only Rs. 75 lakhs after fixing Rs. 10 lakhs damages without proof. Appeal allowed: defaulting purchaser entitled to full refund absent proven vendor damages; 6% p.a. interest from date of suit till recovery; interest on withdrawn Rs. 75 lakhs capped at deposit date; proportionate costs. Keywords: advance sale consideration, breach by purchaser, damages without proof, guesswork compensation, interest from date of suit, Ahammedkutty Bran v. Sukumaran relied on, Tomorrowland v. HUDCO distinguished.