THOMAS Vs. KARUNAKARAN NAIR

JUDGEMENT

(1.) This Writ Petition under Art.226 of Constitution of India is filed with the following prayers:

(2.) The case of the petitioners is briefly as follows. The 1st respondent along with his wife by name Ambika, as per Ext. P1 agreed to sell an extent of 2.02 Ares of property in re - survey No. 251/13 of Koovappady Village to the 2nd petitioner. Towards the sale consideration an amount of Rs.25,000/- was paid by the 2nd petitioner and the 1st respondent along with his wife received the same. As per Ext. P1 the sale transaction has to be completed and the property has to be registered in the name of the 2nd petitioner within 11 months from the date of Ext. P1.

(3.) Since the petitioners did not have any other place to reside the petitioners sought the permission of the 1st respondent and his wife to construct a small residential house in the said property even before the transfer of the property into the name of the 2nd petitioner and the 1st respondent along with his wife had permitted the same. Accordingly the petitioners by spending an amount of Rs.1,50,000/- has constructed a small house in the same property and took up the residence in the same property. When the residential house was constructed in a property having 5 cents, the value of the property enhanced considerably and the 1st respondent and his wife started to employ ways and means to wriggle out Ext. P1.