JUDGMENT

V.S. SIRPURKAR, J.—

1.A common judgment passed by Madras High Court allowing two Second Appeals is in challenge before us. The Single Judge of the Madras High Court set aside the appellate judgment, again a common one allowing appeals against the common judgment passed by District Munsiff, Bhawani whereby the District Munsiff had decreed the suit filed by one Muthuswami Gounder and dismissed the other suit filed by Dharmarajan, the appellant herein. A short history of the case would be essential.

2.K. Muthuswami Gounder filed a suit registered as O.S. No.555 of 1991 for declaration and injunction alleging that he had purchased suit property Survey No.324/D1 under a Sale Deed dated 10.10.1980 from one Doraiswamy who was in possession and enjoyment of the property. The said Doraswamy was claimed to be a foster son of one Karupayee who had expired in the year 1961 and who was claimed to be in possession and enjoyment of the suit property wherein she had put up a thatched shed and was residing for more than 30 years. It is claimed that after Karuapyee her foster son who was none else but his sister’s son obtained the possession and enjoyed the said suit property. Before this sale