These second appeals arise out of a common judgment in A.S. Nos. 346 and 381 of 1983, on the file of the First Additional Judge, City Civil Court, Madras, dt. 16-11-1983 which in turn arose out of a judgment and decree in O.S. No. 6589 of 1982, on the file of XI Assistant Judge, City Civil Court, Madras.

2. The 1st defendant in the said suit is the appellant in Second Appeal No. 1089 of 1984 and the plaintiff in the said suit is the appellant in Second Appeal No. 1510 of 1984. The second respondent in both the second appeals was the second defendant in the suit. (The parties will be referred to hereafter as plaintiff and defendants 1 and 2 for the sake of convenience).

3. The plaintiff succeeded in the trial Court by getting a decree as prayed for. Against the judgment and decree of the trial Court, the 1st defendant as well as the second defendant preferred two appeals, and the lower appellate Court, while allowing the appeal filed by the 1st defendant in part, dismissed the appeal filed by the 2nd. defendant. The 2nd defendant has not, however, preferred any further appeal. The 1st defendant has filed S.A. No. 1089 of 1984 against the portion of the judgment which went