IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND AUGUST 2007 / 11TH SRAVANA 1929 SA.No. 172 of 1994(D) --------------------- AS.56/1990 of ADDL. DISTRICT COURT, THODUPUZHA OS.319/1988 of MUNI-MAGI.COURT,THODUPUZHA .................... APPELLANTS/RESPONDENTS/PLAINTIFFS: ---------------------------------------------- 1. N.RAMACHANDRAN, MANKOMBUKIZHAKKEMADATHIL, KOTTA BHAGOM, PULIKUNNU VILLAGE, KUTTANAD TALUK RESIDING AT 29, BOAG ROAD, T-NAGAR, MADRAS 2. SARATCHANDRAKUMAR, MANKOMBUKIZHAKKEMADATHIL KOTTA BHAGOM, PULIKUNNU VILLAGE, KUTTANADU TALUK RESIDING AT 29, BOAG ROAD, T-NAGAR, MADRAS BY ADV. SRI.A.M.SHAFFIQUE RESPONDENT/APPELLANT/DEFENDANT: -------------------------------------------- K.J.JOSEPH, KORATTIYIL HOUSE, URULIKUNNAM KARA, ELIKULAM VILLAGE, KANJIRAPPALLY TALUK THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 02/08/2007, ALONG WITH SA NO.803 OF 1993, SA NO.228 OF 1994 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------ S.A.Nos.803/1993, 172/1994 & 228/1994 ------------------------------------------------- Dated this the 17th day of December, 2010. J U D G M E N T Plaintiffs in O.S.Nos.316, 319 & 321 of 1988 on the file of the Munsiff Court, Idukki are the appellants. The appeal is directed against the common judgment and decree in A.S.Nos.69, 56 & 70 of 1990 on the file of the Additional District Court, Thodupuzha. 2. Altogether there are 5 suits including the three suits referred above. In all the suits plaintiffs are the same persons. Suits were filed for recovery of unpaid reserve purchase price to be paid on a later day. According to the plaintiffs, the defendants executed an agreement and agreed to pay 15% interest if the amount is not paid within three years. Suit was necessitated when the defendants refused to pay plaintiffs' demand for unpaid reserve purchase price with interest. Trial court tried all the 5 suits and passed decrees. In O.S.No.316/1988, the plaintiffs are allowed to realise a sum of Rs.7,160/- together with interest on Rs.4,400/- at the rate of 15% per annum from the date of suit till realisation with costs. In O.S.No.319/1988, plaintiffs are allowed S.A.Nos.803/1993, 172/1994 & 228/1994 ::2:: to realise a sum of Rs.6,020/- together with interest on Rs.3,700/- at the rate of 15% per annum from the date of suit till realisation with costs. In O.S.No.321/1994, plaintiffs are allowed to realise a sum of Rs.9,760/- together with interest on Rs.6,000/- at the rate of 15% per annum from the date of suit till realisation with costs. 3. Defendants preferred first appeals as A.S.Nos.69/90, 56/90 & 70/90 in three suits. The appellate court held that the court below went wrong in decreeing interest at the rate of 6% and also at the rate of 15% after 3.6.1985. Therefore the appellate court modified the decree to the following extent: The plaintiffs in O.S.No.316/88 will get a decree for recovery of Rs.4,400/- with interest at the rate of 6% per annum from 8.11.1982 till 3.6.1985. In O.S.No.319/88, the plaintiffs are allowed to recover Rs.3,700/- with interest at the rate of 6% per annum from 8.11.1982 till 3.6.1985 and in O.S.No.321/88 the plaintiff is allowed to recover Rs.4,800/- with interest at the rate of 6% per annum from 8.11.1982 till 3.6.1985. The interest S.A.Nos.803/1993, 172/1994 & 228/1994 ::3:: on the said amount from 3.6.1985 till date of the decree is also not allowed since it does not form part of the concession and as per Exts.A6 to A8 the liability for payment of the reserve amount even with 6% interest arises only on the plaintiffs clearing their title. However the plaintiffs are permitted to realise interest at the rate of 6% per annum from the date of decree till recovery. The plaintiffs are also not entitled to any cost, as the decree is based on the concession made. The plaintiffs will be entitled to claim interest at the rate of 6% or 15% per annum as stated in Exts.A6 to A8, if otherwise permissible, on their title over the properties being cleared finally in Ext.B5 suit. Thus the decree passed by the trial court is modified to the extent as indicated above. 4. The very same plaintiffs filed 10 other suits claiming the very same reliefs. This Court disposed of all the appeals by a common decree and judgment dated 23.11.2010. In all the cases this Court passed a decree allowing the plaintiffs to realise the principal amount with 6% interest from 8.11.1982 till S.A.Nos.803/1993, 172/1994 & 228/1994 ::4:: 30.8.2008 and at the rate of 15% interest from 1.9.2008 till ralisation from the defendant therein with the proportionate costs and by sale of the property which shall be a charge for the amount. 5. The present appeals are filed by the plaintiffs aggrieved by the modification made by the first appellate court. When the matter was taken up for final hearing this Court find that the ten other connected appeals arising from ten similar suits filed by the plaintiffs were disposed by this Court by judgment and decree dated 23.11.2010. This court permitted the plaintiffs to realise the principal sum with 6% interest from 8.11.1982 till 30.8.2008 and at the rate of 15% interest from 1.9.2008 till realisation. In view of the decision of this Court on the same question in A.S.No.133 of 1995 and connected cases referred above, the plaintiffs are entitled to modification in the matter of interest. Following the above said decision of this Court, the decree and judgment passed by the lower appellate court in A.S.No.69/90, 56/90 & 70/90 also require modification. S.A.Nos.803/1993, 172/1994 & 228/1994 ::5:: 6. In the result, appeals preferred by the plaintiffs are partly allowed. The judgment and decree passed by the lower appellate court is modified as follows: The plaintiffs in O.S.No.316/88 are entitled to a decree for an amount of Rs.4,400/- with 6% interest from 8.11.1982 till 30.8.2008 and at the rate of 15% interest from 1.9.2008 till realisation from the defendant with a proportionate cost and by sale of the property which shall be a charge a charge for the same. The plaintiffs in O.S.No.319/88 are entitled to a decree for an amount of Rs.3,700/- with 6% interest from 8.11.1982 till 30.8.2008 and at the rate of 15% interest from 1.9.2008 till realisation from the defendant with a proportionate cost and by sale of the property which shall be a charge a charge for the same. The plaintiffs in O.S.No.321/88 are entitled to a decree for an amount of Rs.6,000/- with 6% interest from 8.11.1982 till 30.8.2008 and at the rate of 15% interest from 1.9.2008 till S.A.Nos.803/1993, 172/1994 & 228/1994 ::6:: realisation from the defendant with a proportionate cost and by sale of the property which shall be a charge a charge for the same. HARUN-UL-RASHID, Judge. bkn/-