Thiriveedhi Channaiah vs Gudipudi Venkata Subba Rao (D) By Lrs. & ... on 20 February, 2007
In the facts and circumstances of the case and applying the ratio of the Thiriveedhi Channaiah case (AIR 2007 SC 2439), in our considered view, the defendants are not entitled to forfeit the amount of advance. Even though the plaintiff has not asked for the alternative relief of return of advance amount, with a view to render complete justice between the parties, the Court is empowered to mould the relief. It would be appropriate to direct the respondents/defendants to repay the amount of advance paid by the plaintiff/appellant with interest at the rate of 9% p.a. from the date of plaint till this date and thereafter with interest at the rate of 6% p.a. till the date of realisation."