Common Judgment: M. Karpagavinayagam, J.

Arokiasamy and minors filed a suit in O.S.No.85 of 1986 for declaration and injunction against Renganatha Gounder and others. Renganatha Gounder filed a suit in O.S.No.47 of 1987 seeking for specific performance of the suit property against Arokiasamy and another.

2. Arokiasamy in O.S.No.85 of 1986 claimed in the suit for declaration and injunction stating that the said property was purchased by him from Sahadevan, 7th defendant and the possession was being disturbed by Ranganatha Gounder and others, the defendants 1 to 6.

3. Renganatha Gounder, the first defendant in O.S.No.85 of 1986 claimed for the relief of specific performance in O.S.No.47 of 1987 against the vendor Sahadevan and Arokiasamy, the purchaser, stating that he obtained a sale agreement from the original owner Sahadevan and as such, both the vendor and purchaser should execute the sale deed in his favour.

4. Since the issue would relate to the same property, a common trial was conducted in both the suits. In the common judgment and decree rendered on 29.3.1989, the trial Court decreed the suit in O.S.No.85 of 1986 for declaration and injunction in favour of Arokiasa