K. SAMPATH, J.

( 1 ) - S. A. No. 575 of 1984 has been filed against the decision in A. S. No. 77 of 1982 on the file of the District Court, periyar, which was against C. S. No 762 of 1981 on the file of District Munsifs Court, erode. The plaintiff in the suit, who succeeded before the trial court and lost before the lower appellate court is the appellant.

( 2 ) S. A. No. 582 of 1984 has been filed against A. S. No. 117 of 1982 on the file of the District Court, Periyar, which was filed against O. S. No. 1106 of 1981 on the file of the District Munsifs Court, Erode. Plaintiffs in o. S. No. 1106 of 1981 who succeeded before the trial court and lost before the lower appellate court filed the second appeal. Pending the second appeal, the second appellant died and the third appellant was brought on record as her legal representative. Defendants 1 to 3 were the same in both the suits. The first defendant Rangasami died pending the first appeals. The third defendant did not contest the suit.

( 3 ) THERE was a joint trial in the two suits. Evidence was common as also the judgment. There were two appeals by the defeated defendants 1 and 2 and there was a common judgment by the a