Thomas P. Joseph, J.

1. These second appeals arise from the common judgment and decree of learned first Additional District Judge, Ernakulam in A.S.Nos.210 and 217 of2007 arising from the judgment and decree of learned Second Additional Sub Judge, Ernakulam in O.S.Nos.561 of 1999 and 185 of 2002. For the sake of convenience parties are referred as plaintiffs and defendants as in O.S.No.561 of 1999.

2. Appellants/plaintiffs filed O.S.No.561 of 1999 for a declaration that Exts.X1 toX3, assignment deeds are null and void and for a mandatory injunction to direct defendants 3 and 4 to vacate from the ground floor of the building in question. The suit property in O.S.No.561 of 1999 is 8.190 cents and building situated thereon. According to the plaintiffs, at a time when they were engaged in construction of the building they fell short of money and approached defendants 1 and 2 for a loan. Defendants 1 and 2 agreed to lend Rs. 5,00,000/-. It was agreed that plaintiffs will execute mortgage deeds in favour of defendants 1 and 2. Accordingly, defendants 1 and 2, made available loan but, less Rs. 1,10,000/- which defendants 1 and 2 appropriated as advance interest etc. Pursuant to the