These two appeals arise from the common judgment in O.S.Nos. 33/76 and O.S.No. 57/77 before the Sub Court, Manjeri.

2. Both these appeals arise from the judgment and decree in O.S.No. 33/76. A.S.439/1993 is filed by the third defendant and A.S. No. 525/1993 is filed by the plaintiff in O.S.No. 33/76. The Late father of the appellant in A.S.No. 525/1993 filed O.S. No. 33/76 for a decree of declaration to the effect that he was in possession of the plaint schedule properties and also to set aside the attachment and orders made in execution proceedings in pursuance of the decree in O.S.No. 259 of 1973 on the file of the Sub Court, Palakkad. For the sake of convenience the parties can be referred as plaintiff and defendants as in O.S. 33/76. Plaintiff Sri. Parameshwaran Nair died during the pendency of the suit and his legal representatives were impleaded as additional plaintiffs. The plaint schedule property belonged to late Parameshwaran Nair. The said property was given to the 2nd defendant in the suit as per Ext.A1 for the purpose of running a touring talkies for a period of one year. He was required to remove the sheds put up by him for the said purpose after the expiry