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Judgment
R.S. Ramanathan, J.—This review application is filed by the plaintiff, to review the order passed by this Honourable Court in A.S. No. 907 of 1995 dated 18.12.2008.
It is stated by the Review Petitioner that he filed a suit O.S. No. 93 of 1992, on the file of the Sub Court, Devakottai, for specific performance and that suit was dismissed and hence, he filed an appeal in A.S. No. 907 of 1995 in this Court, by an order dated 18.12.2008, the appeal was also dismissed and the learned Judge ordered refund of Rs. 1,80,100/- with interest 6% from the date of decree, till the date of realisation to the appellant/plaintiff.
In this review petition, it was contended by the Review Petitioner that this Honourable Court ought to have awarded the interest at the rate of 18% per annum from the date of payment, i.e. from the date on which payment was made to the defendant, till the date of repayment by the defendant as per the orders of this Honourable Court.
The respondents are represented by counsel and they also admitted that the respondents/defendants received Rs. 1,80,100/- from the plaintiff/appellant. The learned Counsel appearing for the Review Petitioner relied upon a judgment reported in 2008(4) CTC 494 in the case of Fathima Majeed v. Subhapratha Ravikumar to that effect that in a suit for specific performance filed by the plaintiff for enforcing the agreement and when the suit is dismissed, this Court has ordered refund of the amount paid under the agreement from the date of payment, till the date of repayment by the defendant at the rate of 12% p.a. and accordingly, that portion of judgment should be modified. In my opinion, the submission of the learned Counsel for the Review Petitioner, is well founded and as per the judgment of this Honourable Court, this Court should have directed the repayment of Rs. 1,80,100/- at least from the date of the plaint, till the payment by the defendant at the rate of 12% p.a.
Accordingly, I allow the Review Petition and the judgment made in this appeal is modified to that extent that the plaintiff is entitled to recover from the defendants/respondents the sum of Rs. 1,80,100/- with 12% interest from the date of the plaint, till the date of realisation. In other aspects, the order made in this appeal is confirmed. No costs.