MOHANDAS NALLATHAMPI Vs. R SURESH

JUDGEMENT

(1.) Defendants 2 and 3 in O.S.No.22 of 2006, on the file of the Sub Court, Nedumangad, are the appellants. They challenge the order dated 10.4.2006 in I.A.No.179 of 2006, by which the court below granted temporary injunction restraining the appellants herein from entering into the plaint schedule property and from alienating the property.

(2.) The case of the plaintiff is that on 5.1.2006, he entered into an agreement for sale with the first defendant for a consideration of Rs.1,57,500/- and an advance of Rs.5,000/- was paid. The plaintiff further alleges that he was put in possession of the plaint schedule property. Defendants 2 and 3, who contested the suit, contended that they purchased the property as per the registered assignment deed dated 10.2.2006, executed by the first defendant in their favour. It was also contended by the defendants that the agreement relied on by the plaintiff is a fabricated one.

(3.) The court below compared the signature of the first defendant in Ext.A1 agreement and his signatures available in the records of the Court and held that prima facie, it appears that those signatures are put by the same person. The court below held that Ext.A1 agreement prima facie appears to be genuine and that the contention of the defendants that it is a forged one is not convincing.