A registered Sale Deed carries a presumption of validity, and the burden lies on the challengers to prove it invalid through credible evidence.

JUDGMENT :

S. SOUNTHAR, J.

The plaintiffs 2 to 5 in the suit are the appellants.

2. The deceased Chinnathambi and appellants herein, who are all legal representatives of Chinnathambi’s brother Iyyanar filed a suit seeking cancellation of Sale Deed allegedly executed by them on 13.08.2013 in favour of the 1^st respondent/defendant. They also sought for injunction restraining the defendant from alienating the suit property. The suit was dismissed by the Trial Court and the finding of the Trial Court was affirmed by the First Appellate Court. Challenging the concurrent finding, the plaintiffs 2 to 5 have filed the present Second Appeal.

3. The Legal Representatives of the deceased 1^st plaintiff have been impleaded as respondents 2 to 5.

4. According to the plaintiffs, the suit property belonged to 1^st plaintiff, Chinnathambi and his two brothers namely Iyyanar and Rajendran. They purchased the suit property under Sale Deed dated 24.08.1974. The defendant filed a suit in O.S.No.319 of 2004 seeking Specific Performance of the alleged agreement dated 21.06.2004 executed by 1^st plaintiff and his two brother Iyyanar and Rajendran. The plaintiffs, who were arrayed as defendants in the said suit, filed written statement denying execution of the Sale Agreement. The said suit was dismissed for default on 03.03.2011 owing to non-appearance of the plaintiff therein.

5. According to the plaintiffs, thereafter, the defendant approached the plaintiffs and represented that in order to cancel the Sale Agreement dated 21.06.2004, a document could be executed and registered. Believing the words of the defendant, the 1^st plaintiff and his brother Iyyanar, predecessor- in-interest of plaintiffs 2 to 5 signed the document. It was also stated that for executing the said document, the 1^st plaintiff and Iyyanar did not receive any consideration. After sometime, the defendant attempted to interfere with the plaintiffs right over the suit property. Thereafter, the plaintiff on enquiry came to know that the defendant prepared a Sale Deed in respect of suit property and got it registered by playing fraud on the plaintiffs. It was also stated that suit property was worth about Rs.50,00,000/- and the sale consideration mentioned in the Sale Deed in favour of the defendant was a paltry sum. The plaintiffs also stated that the property has been in their possession and enjoyment and sought for setting aside of the Sale Deed dated 13.08.2013 allegedly executed by them in favour of the defendant.

6. The 1^st respondent/defendant filed written statement and denied various averments found in the plaint. It was his case that the suit property was purchased by 1^st plaintiff and his two brothers, Iyyanar and Rajendran under Sale Deed dated 24.08.1974. One of the brother of the 1^st plaintiff, Rajendran executed a Sale Deed in favour of the defendant on 02.05.2011 in respect of his 1/3^rd share. The plaintiffs executed the impugned Sale Deed dated 13.08.2013 in respect of their 2/3^rd share. Therefore, according to the defendant, they are entitled to suit property by virtue of two documents mentioned above. It was also pleaded by the defendant that on 11.02.2004, there was Sale Agreement between 1^st plaintiff and his two brothers to sell the property to one Ashokan. Thereafter, the said Sale Agreement was cancelled and 1^st plaintiff and his two brothers entered into a fresh Sale Agreement with the defendant agreeing to sell the suit property for consideration of Rs.6,40,640/-. Since the 1^st plaintiff and his two brothers failed to execute the Sale Deed pursuant to the said agreement, a suit for specific performance was filed against them before the District Court, Namakkal in O.S.No.319 of 2004. The said suit was initially decreed exparte on 15.11.2007. Thereafter, the exparte decree was set aside and the suit was dismissed for default on 03.03.2011. The defendant also had taken steps to restore the suit. In