Srinivasan, J.

The defendant is the appellant. This appeal is directed against the decree in O.S.No.2259 of 1983 on the file of the VII Assistant Judge, City Civil Court, Madras.

That suit was tried along with another suit filed by the appellant herein in O.S.No.6970 of 1982. It was an earlier suit. The present respondent was the defendant in that suit. The two suits were tried together and disposed by a common judgment. There is no appeal against the judgment and decree in O.S.No.6970 of 1982.

2. The respondent claims title to the property under a sale deed dated 17. 1979 marked as Ex.A-1. According to the appellant, that sale deed was sham and nominal and the title was with himself. On that footing he filed O.S.No.6970 of 1982 for permanent injunction restraining the defendant from interfering with his possession. As he rested his claim on his title, an issue was framed on the question of title. The first issue was whether the sale deed in favour of the defendant was fictitious. In the suit out of which this appeal arises, the respondent prayed for recovery of possession of property and also damages. In this suit also, issue was framed relating to the title to the pr