(1.) This is an appeal preferred against the decree and judgment of the learned District Judge of Tirunelveli in A. S. No. 209 of 1953 setting aside the decree and judgment of the learned District Munsif of Tenkasi in O. S. No. 184 of 1952.
(2.) The facts are: The plaintiff sued the defendants for recovery of a sum of Rs. 570 paid By him as advance to the defendants with interest thereon in pursuance of the agreement for sale dated 6-12-1950, according to which the defendants agreed to sell the suit property to the plaintiff for Rs. 2250. The plaintiff agreed to purchase the property on the representations of the defendants that they had absolute title to the said property.
(3.) The learned District Munsif accepted the contentions of the plaintiff and rejected the defence of the defendants that they did not make fraudulent representations and thereby induce the plaintiff to part with the sum of Rs. 570 and that the plaintiff being none else than the brother-in-law of Tirumalaiyandi Tevar, he knew full well all the facts showing that the defendants had no absolute title to the property and knowingly entered into this transaction.
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