The defendants in O.S. No.46 of 1999 except defendants 3, 5, 6, 8 and 17 on the file of the Sub Court, Vadakara are the revision petitioners. The suit was filed by respondents 1 to 4 as plaintiffs for realization of money.

2. Theplaint schedule properties, 21 items, having an extent of 29 acres belonged to the defendants and they had agreed to sell the properties to the predecessor of the plaintiffs, late Sahadevan, for a consideration of Rs.46,00,000/-. The terms and conditions agreed between the parties had been reduced into a written agreement for sale executed on 11.1994 and an amount of Rs.9,00,000/-was given as advance towards sale consideration on the date of agreement itself. Subsequent payments were also made and altogether an amount of Rs.17,50,000/-was given towards sale consideration. As per the agreement, the sale deed is to be executed on or before 30.6.1994 after measuring the properties and verifying the extent of the same. One of the terms of the agreement was that the defendants had to satisfy late Sahadevan the title of the properties by showing the original documents and also that the properties are free from encumbrance. The predecessor of the plainti