DEVASIA @ KUTTY Vs. JOSE

JUDGEMENT

(1.) This appeal is by the defendants in O.S. No. 227/2008 who succeeded before the trial court but suffered a decree at the hands of the lower appellate court for permanent prohibitory injunction. The plaintiffs claimed title to the suit property which is over 7 and odd acres by virtue of Exts. A1 and A2 documents. According to them, the defendants tried to trespass into the suit property and that made them file a suit.

(2.) The defendants resisted the suit by pointing out that even though the property was acquired by the plaintiffs 1 and 2, there was an oral agreement for sale in the year 1994 whereby the plaintiffs 1 and 2 agreed to sell the entire property for a total consideration of Rs. 1,20,000/-. The last installment of Rs. 20,000/- was paid and thereafter the defendants demanded the plaintiffs to execute sale deed in their favour. It was at that point of time it was revealed to the defendants that the property was mortgaged with Neeloor Service Co-operative Bank and unless the debt is cleared, they will not be able to execute the deed. While so, according to the defendants, the Bank proceeded against the defendants and they paid the dues of the loan availed of by the plaintiffs and got the original documents released to them. They, therefore, contended that from 1994 onwards, in pursuance to the oral agreement, they have been in absolute possession and enjoyment of the property and the plaintiffs had no possession as on the date of the suit. On the basis of these contentions, they prayed for dismissal of the suit.

(3.) On the basis of the above pleadings, issues were raised. The evidence consists of the testimony of PWs 1 and 2 and the documents marked as Exts. A1 to A6 from the side of the plaintiffs. The defendants had DWs 1 to 4 examined and Exts. B1 to B19 marked. Ext. C1 is the commission report.