JOHN THOMAS Vs. JOSEPH THOMAS

JUDGEMENT

(1.) The above appeal is preferred by defendants 2, 3 and 5 to 8 in O. S.No. 51 of 1987 on the file of the Sub-Court, Kottayam against the judgment and decree in that case. First respondent is the plaintiff, while respondents 2 to 4 are defendants 4, 9 and 10 in the suit. The suit, O. S.No. 51 of 1987 was filed for specific performance of an agreement and directing the first defendant to execute the sale deed in respect of 96 cents of land scheduled in the plaint and for an injunction restraining the first defendant from trespassing upon plaint schedule item No. 1 and for other reliefs. The averments in the plaint are as follows :

(2.) Plaintiff and the first defendant were known to each other for a long time. On 27-4-1982, they entered into an agreement for mutual exchange of properties. Plaintiff had in his possession, control and enjoyment of 12 acres of plantation in Poonjar Thekkekara Village and the first defendant had 96 cents of land at Palai within Palai Town. These properties were to be transferred by both and an agreement was made accordingly. As per the agreement, the plaintiff was to pay to the first defendant additionally an amount of Rs. 1,00,000/- as equalisation of value. According to the plaintiff, on the date of execution of the agreement, an amount of Rs. 10,000/- was paid. Further, it is stated that possession of each plot was taken by either parties. No specific date was mentioned in the agreement for execution of registered documents.

(3.) In September, 1982, the first defendant expressed his willingness to take the documents in respect of Poonjar Thekkekara Property in the name of his son and two daughters. As a matter of fact, the title to 12 acres was not with the plaintiff and he got possession and enjoyment of the property on the basis of an agreement dated 10-1-1982 between himself and J. J. Construction Company. As per the suggestion of the first defendant, three documents were prepared on 20-9-1982 and registered on 6-11-1982 at the Sub Registry Office, Poonjar. One document was executed in the name of Jinsymol, the daughter of the first defendant, another document was executed in the name of John Thomas, the son of the first defendant and the last document was executed in the name of Jayamma, another daughter of the first defendant. The total area covered by the above three documents was 11.08 acres and Virivu coming to a total extent of 12 acres.