1. The unsuccessful plaintiff in O.S. No. 97/85 and defendants 2 and 3 in OS No. 96/85, on the file of the Sub Court Namakkal have preferred these two Second Appeals, aggrieved against the judgment and decree made in AS 279/85 and AS 91/85, on the file of the District Court Salem, reversing the judgment and decree of the trial Court dated 31.7.1935.

2. The case in brief is for disposal of both the appeals are as follows: —

The plaintiff in O.S. 97/85 filed the suit for recovery of possession of the suit property. It originally belonged to one Kattiyanna Gounder and he executed a deed for maintenance in favour of his mother Kuppayammal on 10.7.1958. Since Kattiyanna Gounder did not provide maintenance as per the deed, she filed O.S. No. 1020/74 for arrears of maintenance in the Court of the District Munsif, Namakkal, which was subsequently transferred and renumbered as OS 332/75 on the file of the Sub Court, Salem. The first defendant herein was the third defendant in that suit. He set up title in himself under a revenue sale and claimed priority over the maintenance charge created in favour of Kuppayammal. However, the suit filed by Kuppayammal was decreed on 24.4.1976.