JUDGMENT

Ramachandran Nair, J.

This is an appeal by the defendant, from the judgment and decree in O.S.No.349/1995 of the Principal Subordinate Judge's Court, Kottayam. The plaintiffs/respondents filed the suit for recovery of possession of the plaint schedule property with future mesne profits.

2. The appellant herein entered into an agreement for sale with the plaintiffs/respondents in respect of the plaint schedule property. The agreement is dated 28.9.1994 wherein the total sale consideration for the property and improvements is fixed at Rs.8 lakhs. Rupees One Lakh was paid as advance which is acknowledged in the agreement itself. The total extent of the property is 19 acres and 8 cents in Sy. No.2651 of Kootickal Village, Kanjirappally Taluk. The plaintiffs obtained the property as per three documents, viz. 1836/1987, 1823/1987 and 1825/1987 of Poonjar Sub Registry Office and Dananischaya Adharam No.147 of 1994 of the same Sub Registry Office. It was agreed that the defendant will pay balance sale consideration on or before 31.3.1995 and to take the sale deed at his expenses. The possession of the property was also handed over to the defendant. The property was identified by the