MANUVEL HELIN DAS Vs. GOPALAN MANIKANDAN USHUS

JUDGEMENT

(1.) THE suit is one to set aside a sale deed (Document No.1480 of 2003, SRO, Neyyattinkara) executed by the plaintiffs in favour of the defendant. THE plaintiffs contend that it was really a loan transaction and they never intended to convey title to the property. THEy rely on an agreement dated 1.10.2003 whereby the defendant agreed to reconvey the property to the plaintiffs on their repaying the money. THEy also rely on yet another agreement dated 23.5.2005 whereby the time for repayment by the plaintiffs to the defendant was extended.

(2.) THE suit had earlier been dismissed for default twice and was since restored to file in appeal. THE plaintiffs thereafter filed I.A.No.2037 of 2011 to forward the agreements dated 1.10.2003 and 23.5.2005 to a handwriting expert. This is because the defendant disputes the signature found in those agreements relied on by the plaintiffs. THE court below has dismissed I.A.No.2037 of 2011 on the ground that it is belated and also for the reason that the suit is barred by limitation.

(3.) THE original petition is allowed as above. No costs.