N BHOJAN Vs. S B RAJU

JUDGEMENT

(1.) HEARD both the learned counsel appearing for the appellant as well as the respondent.

(2.) IT is seen that the suit was filed by the respondent herein in O.S.No.5 of 2004 on the file of the District Munsif of Kotagiri seeking judgment and decree against the appellant/defendant for rectification of a sale deed No.695/86, dated 23.07.1986 to be executed by the defendant by subsisting the S.No.447/15 in the place of S.No.447/6A in the schedule of property and for permanent injunction restraining the appellant/defendant and his men or agent from interfering with the possession and enjoyment of the respondent/ plaintiff in the suit property and also for the cost of the suit. The trial court dismissed the suit by its judgment dated 30.11.2007.

(3.) WHETHER the suit for rectification of sale deed maintainable in law, in the absence of any consideration for the rectification sought for?"5. Substantial questions of law 1 and 2:- In the written statement filed by the defendant in paragraph no.3, the appellant/defendant has admitted the execution of the sale deed marked as Ex.P.A1 dated 23.07.1986 in favour of the respondent/plaintiff. According to him, the sale deed was executed by the defendant in favour of the plaintiff as a collateral security for the amount borrowed by him and not as sale deed.