JUDGMENT

This appeal is against the decree and judgment dated 29.11.2004 in O.S.No.91/2000 of the Sub Court, Attingal by the plaintiff. The original suit was filed for declaration of title, to set aside Ext.B10 sale deed and for prohibitory injunction. It was filed by the mother of one Vikramarajan who purchased the property by virtue of a sale deed dated 19/05/1995 (Sale deed No.1964/1995). In fact, he was employed abroad and as such, the property was looked after and managed by his brother, the plaintiff, during his absence. While so, it is alleged that, the owner of the property, Vikramarajan, started construction of a building in that property under the supervision of his younger brother Vinayamohanan. A loan facility was also raised from State Bank of Travancore, Varkala branch for the construction of the said building and it was constructed up to the roof level. But due to financial stringency, he had executed a power of attorney Ext.B3 in favour of the said Vinayamohan to sell the property. During the life time of Vikramarajan, he divorced his wife Shailaja as per Order in OP.No.654/1993 of the Family Court, Thiruvananthapuram. He passed away on 20/04/1998, leaving his mothe