Judgement

KHALID, J. :- The appellants are the defendants in O.S. 55 of 1952 in the Sub-Court, Mangalore. Their father had obtained sale of the property involved in this appeal by a document dated 28-4-1939, executed by the widowed mother of the respondent-plaintiff who was a minor, aged six years, she acting as his guardian. After he attained majority, he filed a suit for a declaration that the said sale deed was invalid and was not binding upon him and for recovery of possession thereof. The trial Court dismissed the suit. In appeal, the appellate Court confirmed the decree and judgment of the trial Court. In second appeal, the High Court of Kerala, by its judgment, dated 27-11-1969, set aside the judgments of the Courts below, allowed the appeal and decreed the suit. The decree directed recovery of possession of the properties on payment of the sum of Rs. 4,700/- being the sale consideration and a sum of Rs. 4,164/- being the compensation for improvements.

2. On 15-9-1970, the decree-holder, respondent herein, filed R.E.P. 68/70 in the Sub-Court, Kasargod, depositing the amount due under the decree of the High Court and praying for delivery of the properties from the possession of