The defendants 2 and 3 in OS 318/1996 on the file of the Subordinate Judge's Court, Thalassery are the appellants. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the trial court).

2. The plaintiff filed the Suit for realisation of a sum of Rs.2,40,000/- due from late Radhakrishnan K.V., being the balance amount due in respect of purchase of old building materials. The 1^st defendant is the mother, 2^nd defendant is the wife and 3^rd defendant is the minor son of late Radhakrishnan. According to the plaintiff, late Radhakrishnan and plaintiff were doing business in old building materials. The plaintiff used to supply old building materials to Radhakrishnan on credit basis after receiving cheque as security and thereafter on payment of the amount he used to return such cheques. Accordingly on 21.3.1996 Radhakrishnan along with his brother Murukan came to a Saw Mill in M.M. Road, Thalassery wherein the building materials were stored and selected articles for an amount of Rs.3,00,000/-. On the next day on 22.3.1996 Radhakrishnan came and took the articles in four lorries after paying a sum of Rs.60,000/-. For the balance amount of Rs 2,40,00