KEMPAMMA AND OTHERS Vs. MUNISWAMY M.

JUDGEMENT

(1.) THE Appellants -Plaintiffs filed a suit in OS No. 181 of 1990 on the file of Additional City Civil Judge, Bangalore for cancellation of the sale deed Ex.P.4 dated 16.11.1980 and seek mandatory injunction for removal of the structures and delivery of possession from the Respondent -Defendant.

(2.) IN this appeal the Appellants would be referred as Plaintiffs and Defendant as Respondent for convenience as ranked in the suit.

(3.) THE Plaintiffs contend that the sale made under Ex.P.4 is not an out and out sale, Ex.P.4 is executed only as a security for the loan borrowed. The Plaintiffs offered to discharge the loan amount. The Defendant refused to receive the money and refused to reconvey the property. The Plaintiffs further contend that the sale made under Ex.P.4 is not for any legal necessity nor for the benefit of family, as such the sale does not bind them. The Plaintiffs also plead that the sale deed Ex.P.4 is vitiated by fraud.