Common Judgment:

This judgment shall govern these two appeals, namely S.A.Nos.904 and 929 of 1996.

2. These second appeals have arisen from the judgment of the learned Subordinate Judge, Gobichettipalayam made in a common judgment made in A.S.Nos.18 and 31 of 1993, C.M.A.No.20 of 1993 and I.A.No.420 of 1995 made in that CMA.

.3. The appellants in these two appeals have filed a suit for ejectment against the respondents herein in O.S.No.484 of 1989. Pending suit, the first defendant filed I.A.No.1153 of 1990 under Section 9 of the City Tenants Protection Act. On trial, the suit was decreed and the said IA was dismissed. Aggrieved over the judgment, both the defendants filed two different appeals, which were A.S.Nos.18 of 1993 by the first defendant and A.S.No.31 of 1993 by the second defendant. While the first defendant has also challenged the dismissal of I.A. in C.M.A.No.20 of 1993. The learned Subordinate Judge, on enquiry of the appeals, allowed both the appeals filed by the defendants, but dismissed the C.M.A. Aggrieved the plaintiffs, on denial of the main relief of ejectment, have brought forth these two second appeals before this Court.

4. The plaintiffs filed