(S.A. No. 269 of 2006: Second appeal under Section 100 CPC against the decree and judgment dated 26.11.2004 made in A.S. No. 21 of 2001 on the file of Additional Subordinate Judge, Tindivanam reversing the decree and judgment dated 28.02.2001 made in O.S. No. 1067 of 1990 on the file of Principal District Munsif, Tindivanam.

S.A. No. 270 of 2006: Second appeal under Section 100 CPC against the decree and judgment dated 26.11.2004 made in A.S. No. 22 of 2001 on the file of Additional Subordinate Judge, Tindivanam confirming the decree and judgment dated 28.02.2001 made in O.S. No. 55 of 1990 on the file of Principal District Munsif, Tindivanam.)

Common Judgment:

These second appeals are listed today for admission and I heard the learned counsel for the appellant.

2. The first defendant in O.S. No. 1067 of 1990 before the Principal District Munsif, Tindivanam is the appellant in Second Appeal No. 269 of 2006. The said suit was filed by the plaintiffs therein for declaration and permanent injunction.

3. The plaintiff in O.S. No. 55 of 1990 before the Principal District Munsif, Tindivanam is the appellant in Second Appeal No. 270 of 2006. The said suit was filed by him for decla