(1.) The defendants in O.S.No.19 of 2007 on the files of the Sub-Court, Kattappana, has filed this appeal impugning the judgment and decree of the said Court, as per which, an amount of Rs.2 lakhs has been allowed to be recovered by the plaintiff/respondent herein, being the advance sale consideration paid by him under an agreement of sale dated 02/09/2006 along with the interest thereon.
(2.) The appellants have assailed the judgment and decree in question not merely on the ground that it has allowed the respondent/plaintiff to recover the afore said amount but also because it has rejected their counter claim for an amount of Rs.2 lakhs, which they sought on the basis that the plaint schedule property had been occupied by the respondent/plaintiff during the period in the agreement was in force.
(3.) The appellants thus pray that this appeal be allowed, setting aside the judgment and decree of the Trial Court and allowing their counter claim.