T. VASANTHA Vs. A. JAYASEELAN

JUDGEMENT

(1.) Aggrieved over the decree and judgment of the learned trial Court, decreeing the suit filed for specific performance, the present appeal came to be filed by the Defendants. For the sake of convenience, the parties are arrayed as per their own ranking before the trial Court.

(2.) Brief facts of the plaintiff's case is as follows:-

(3.) It is the case of the defendants 1, 2 and 4 is that the suit property was originally owned by one Thangavelu, husband of the first defendant and father of the other defendants. After his death the property was devolved upon them and they are in joint possession and enjoyment of the same. As the defendants 2 to 4 were minors at that time of death of Thangavelu, the property tax and other records stand in the name of the first defendant as she was the natural guardian for them. Defendants were in need of some amount to meet out their urgent requirements for settling some hand loans and also for treatment of the fourth defendant. In the month of November-December 2005 the plaintiffs were introduced by one Harivaharan and according to his advice for borrowing loan, the defendants 1, 2 and 4 signed documents prepared by the plaintiffs which was only for the purpose of security. The defendants signed the documents without knowing the contents but on the presumption that it is only the document for repayment of the borrowed amount. Though the borrowed amount is Rs.50,000.00, the plaintiffs were given only Rs.40,000.00 after deducting Rs.10,000.00 towards interest for 10 months from Dec. 2005 to Sept. 2006. A settlement deed was executed by the first defendant in favour of the fourth defendant as per the advice of the plaintiffs for safety and security. The alleged agreement is not intended for sale. It is only for the purpose of money transaction. In the meanwhile the defendants were threatened by the plaintiffs to execute sale deed immediately. The defendants issued notice dated 25.01.2006 explaining the circumstances under which the document came into existence. Hence, it is the contention of the defendants that the suit is not maintainable and prays for dismissal of the suit.