JUDGMENT :

K. BABU, J.

1. This Regular Second Appeal arises from the judgment and decree dated 22.01.2001 in O.S. No. 163/1998 passed by the Munsiff’s Court, Kuthuparamba. The plaintiff is the appellant.

2. Material facts relevant for the adjudication of this appeal are as follows:

2.1 The plaint schedule property is 1 Acre and 52½ cents of land comprised in re-survey No. 165/2 of Muzhakkunnu village.

2.2 The plaint schedule property originally belonged to one Vadakke Naduvathezhath Padmakshi, the mother of defendant No. 2. She acquired title over the property under settlement deed No. 1811/81. Padmakshi assigned the property to defendant No. 2 as per the assignment deed dated 18.11.1989. As per Exhibit A1 sale-deed dated 04.03.1992, defendant No. 2 assigned the property in favour of the plaintiff. She is the absolute owner in possession of the plaint schedule property. At the time of execution of the sale-deed, defendant No. 2 had assured that the plaint schedule property was free from all encumbrances.

2.3 On 01.03.1998, defendant No. 1, the Manager of the Syndicate Bank, Peravoor approached the plaintiff and told her that the wife of defendant No. 2 had availed a loan from the bank to