APARANJI Vs. VELAYUTHAM

JUDGEMENT

(1.) The unsuccessful defendants before the Courts below have preferred the instant Second Appeal.

(2.) According to the plaintiffs, who claim to have purchased the suit schedule property from the defendants 1 and 2 for Rs.22,000/- on 07.9.1998, they have been in possession and enjoyment of the suit property by cultivating the land. Since the defendants attempted to trespass into the suit schedule property on 31.01.2002, they filed the suit for declaration of title and for injunction.

(3.) Denying the purchase of the suit property by the plaintiffs, the defendants, who claim to be Dhobbies by caste, contended that they, along with other Dhobbies, have been in possession and enjoyment of the land in S. No. 60 of Thalihalli Village, which is Dhoby Service Land. According to the defendants, the plaintiffs, who are Vanniyars by community, are not entitled to make any claim over the same. The further case of the defendants is that they obtained loan of Rs.20,000/- from the plaintiffs in the year 1998 by signing in blank papers and that though they have repaid a sum of Rs.18,000/-, for the balance amount, the plaintiffs claimed Rs.90,000/- by calculating usurious interest. The defendants further denied the execution of the impugned sale deed dated 07.9.1998, which, according to them, was obtained by fraud and misrepresentation and prayed for dismissal of the suit.