1. This Appeal Suit No.637 of 1987 and Transfer Appeal No.1086 of 1987 arise out of a common judgment and decree dated 19.3.1987 made in O.S.Nos.501 of 1983 and 18 of 1984 respectively. O.S.No.501 of 1983 was preferred by the appellant herein for specific performance of the agreement dated 27.2.1982 and O.S.No.18 of 1984 was preferred by the respondents herein for declaration and possession of the very same property for which specific performance was prayed for by the appellant in the other suit.

2. The parties to the appeals are herein after referred to by their respective status as mentioned in the suit in O.S.No.501 of 1983. As such the appellant is the plaintiff and the respondents are defendants 1 to 5.

3. The plaintiff claims that his wife and the first defendant are cousin sisters, that the suit schedule property situated in S.F.No.508/2 of Komarapalayam, measuring to an extent of 2.00 acres came to the share of the first defendant, that the plaintiff was cultivating the suit lands as cultivating tenant, that to get rid of the plaintiff from the suit schedule property, a suit in O.S.No.639 of 1972 was filed by the defendants by setting up one Thiru D.Subramaniya,