JUDGMENT

The appeal in question was preferred by defendants 2 and 3 in O.S.No.1057/2011 challenging the decree and judgment passed by II Additional Sub Court, Thrissur (for short ‘the trial court’) on 08.07.2013. The appellants are defendants 2 and 3 in the above Original Suit and the respondents are the plaintiff and the 1st defendant respectively in the Suit. The parties to this appeal will hereinafter be referred to as the plaintiff and defendants 1 to 3 in accordance with their status in the Original Suit.

2. The plaintiff entered into a sale agreement with the

1st defendant for sale of 5 cents of property and a residential building situated therein, comprised in Survey No.258 of Peringavu Village in Thrissur Taluk. An amount of `4,00,000/- was paid in advance. It was agreed to execute the sale deed and to register it before 31.03.2010.

3. The property then was mortgaged by the 1st defendant with Urban Co-operative Bank, Thrissur. In the agreement it was stipulated that the 1st defendant should clear off the liability with the bank and get the mortgage redeemed before 31.03.2010. 1st defendant demanded some more amount towards advance sale consideration and `1,00,000/- was paid by