1. This is an appeal preferred by the plaintiff whose claims in respect of the suit property were disallowed by the lower court. The basis of the plaintiff's claim of title to the property is the sale deed Ext. F dated 27.7.1110 executed in his favour by the District Judge at Kottayam on behalf of the defendant in O.S. No. 86 of 1104 on the file of that court. That was a suit instituted by the present plaintiff against the defendant in that suit for a decree for specific performance of a contract for sale of the identical property. Ext. D is copy of the plaint and Ext. E copy of the decree in that case. The sale deed Ext. F happened to be executed by the court because the defendant had failed to execute the conveyance as per the terms of the decree passed in that suit. The following facts disclosed by the pleadings in the case will give an idea as to how the defendant in that case purported to execute the contract for sale of this property as its owner.

2. The plaint item along with other properties originally belonged to one Narayana Pillai Gopala Pillai of Chemanthara House and he had mortgaged these properties in favour of one Venkitachalam Iyer Neelakanta Iyer, the f