JUDGMENT :

This appeal arises from the judgment and decree dated 23.3.2015 passed by the Additional District Court, Irinjalakkuda in A.S.No.12 of 2008. The Appeal Suit arose from O.S.No.392 of 2006 on the file of the Additional Subordinate Judge’s Court, Irinjalakkuda. The defendant is the appellant. The plaintiff is the respondent.

2. Material facts relevant for the adjudication of this appeal are briefly narrated below:-

2.1. The plaint schedule property is 59.5 cents of land comprised in S.Nos.1422/2 and 1423/2 of Alathur Village. The property originally belonged to the plaintiff. The plaintiff executed a sale deed in respect of this property as deed No.2689/04 dated 25.8.2004 (Ext.B1) in favour of the defendant.

2.2. The plaintiff pleaded that on the date of execution of the sale deed, the plaintiff had borrowed a sum of Rs.1,00,000/-from the defendant, who is a money lender, and as a security for the transaction Ext.B1 sale deed was executed. According to the plaintiff, he had retained possession of the plaint schedule property with him.

The plaintiff further pleaded that on 25.8.2004 itself, the parties entered into an oral agreement in which the defendant had agreed to re-convey