JUDGMENT :

The petitioner is the plaintiff and the respondents are the defendants in the suit O.S.No.124/2013 on the file of the Sub Court, Kochi.

2. The parties shall be hereinafter referred to according to their status in the suit.

3. The suit is instituted for granting a decree of declaration that the document No. 3539/2010 of the S.R.O., Kochi executed by the plaintiff is null and void and for cancellation of that document.

4. The case of the plaintiff in the suit is that sale deed No. 3539/2010 which was executed by him in favour of the second defendant is only a document executed as security for the amount of Rs.90,00,000/- borrowed by him from the defendants.

5. The first and the second defendants filed separate written statements in the suit. The plea of the first defendant in the suit is that he had not lent Rs.90,00,000/- to the plaintiff and that the consideration shown in the sale deed executed by the plaintiff had nothing to do with the amount legally due to him from the plaintiff. The plea of the second defendant in the suit is that there is no debtor-creditor relationship between him and the plaintiff and the transaction covered by the document executed by the plaintiff i