J U D G M E N T:-The appeal preferred against the judgment and decree in A.S.No.87 of 2002 on the file of the Principal District Court, Nagercoil reversing the judgment and decree in O.S.No.60 of 1998 on the file of the Sub Court, Padmanabapuram.

2.The defendant is the appellant. The respondent/plaintiff had filed a suit in O.S.No.60 of 1998 for recovery of possession of the suit property and for damages.

3.The brief facts of the case is as follows:

The suit property originally belonged to one Harihara Iyer and his family. There was a suit in O.S.No.65 of 1981 for redemption of the property on usufructuary mortgage. Pending the suit, the said Harihara Iyer and their family members entered into an agreement of sale with the plaintiff on 12.05.1985. As per the agreement, the plaintiff was permitted to conduct the suit on behalf of the vendors, to satisfy the suit amount and other expenses, take possession and to get the sale executed on or before 05.06.1985 with usual default clauses. An advance amount of Rs.8,000/- was also paid for a sale consideration of Rs.75,200/-.

4.The plaintiff conducted the suit in O.S.No.65 of 1981 and paid a sum of Rs.7,601.60 towards the mortgage amount on

Click Here to Read the rest of this document