JUDGMENT

Plaintiffs are the appellants. The suit was for recovery of possession on the strength of their title. Item no.1 of the plaint schedule property belonged to the 1^st plaintiff and item no.2 belonged to the 2^nd plaintiff. It was contended that the defendant trespassed into the plaint schedule property on 20.11.1986 and hence the suit.

2. The defendant denied the trespass alleged and contended that an agreement was entered into between the 1^st plaintiff and the defendant as per which the 1^st plaintiff agreed to assign 6.50 acres, being the northern portion of the plaint schedule property. On 24-12-1984 as per an oral agreement, a sum of Rs.35,900/- was paid by the defendant to the Ist plaintiff as advance consideration. The balance consideration payable was Rs.1,150/-. It was agreed that on payment of the aforesaid balance consideration, the plaintiffs will execute the sale deed in respect of the said property in favour of the defendant. Pursuant to the said agreement the defendant was put in possession of the said property and he is residing in the house situated in the said property. On 22.8.1986 the 1^st plaintiff agreed to execute the document and thus an agreement was prep