P YOOSEPH Vs. B RAJENDRAN

JUDGEMENT

(1.) Challenging the concurrent findings entered by the I Additional Munsiff's Court, Thiruvananthapuram in O.S.No.1390 of 2004 followed by those of the III Additional District Court, Thiruvananthapuram in A.S.No.200 of 2006, the plaintiff in O.S.No.1390/2004 has come with this second appeal. The suit is one for declaration, perpetual injunction and mandatory injunction. Through the relief of declaration sought for, the plaintiff wanted to get Exts.A1 and A2 sale deeds declared as null and void, and also that the same are not binding on the plaintiff. Through the mandatory injunction sought for, the plaintiff wanted to get reconveyance of the plaint schedule property from the defendants.

(2.) Heard the learned counsel for the appellant and the learned counsel for the respondents.

(3.) The plaintiff wanted to go abroad, for which he was in dire need of money. He approached the first defendant money lender, and according to the plaintiff, he initially borrowed an amount of Rs. 60,000/- for which, he along with his mother had to execute Ext.A1 sale deed in respect of the four cents of property situated at Vattiyurkavu, Thiruvananthapuram, on condition that the property would be re-conveyed on the payment of the principal amount and the interest. Again, the plaintiff wanted Rs. 30,000/- more. That amount was also willingly lent by the first defendant for which the plaintiff and his mother had to execute Ext.A2 sale deed in respect of the remaining four more cents of property which is also lying contiguously with the four cents of property covered by Ext.A1. The residential building of the plaintiff is also situated in the property covered by Ext.A2.