J U D G M E N T

This appeal has been filed by the plaintiffs against the judgment and decree dated 26/03/2003 in O.S.No.123/2001 on the file of the Subordinate Judge's Court, Kattappana. The respondents herein are the defendants in the suit. The parties and the documents will be referred to as described in the suit.

2. The suit was one for cancellation of Exts.A1 to A3 agreements executed by the plaintiffs in favour of defendants 1 to 3. According to the plaintiffs, who are siblings, the agreements were executed on 23/08/1999 when an amount of ₹2,30,000/- was borrowed from the first defendant. The documents though styled as 'agreements for sale' were meant to be only as a security for the money transaction between the parties. It was agreed that when the amount was repaid with interest, the first defendant would execute and register three release deeds in favour of the plaintiffs. While so in June 2000, the first plaintiff was informed by the first defendant that the money he had lend to the former had been taken from defendants 4 and 5 and that the money is being demanded back and therefore wanted the plaintiffs to return the amount immediately. The first plaintiff was not in posse