M. Chockalingam, J.

These two appeals have arisen from a common judgment dated 08.04.2008 rendered by a learned single Judge of this Court in C.S.Nos.13 of 1997 and 559 of 1996 respectively.

2. The plaintiff in C.S.No.559 of 1996 sought for delivery of vacant possession of the plaint schedule property and for other relief’s with the following averments;

(a) The plaintiff is the owner of the house, ground and premises bearing door No.F 188, IX Street, Anna Nagar East, Madras-102. The Director of the defendants company approached the plaintiff to purchase the property and pursuant to negotiation, it was agreed that the defendant would obtain permission from this Court by paying the sum of Rs.12, 85,013.08 towards security for the release of title deeds which were given as security. Apart from that, the defendant shall pay a sum of Rs.59 lakhs as consideration to purchase the said property. Thus, the total consideration was fixed at Rs.71, 85,013.08. The defendant also agreed to evict the tenant, who was occupying the house. The plaintiff received a total advance of Rs.2 lakhs on 30th January, 1995 and on 17th February, 1995. In the receipts issued by the plaintiff, all the