1. A.S. No. 1372 of 1988 arises from O.S. No. 100 of 1985, on the file of Sub Court, Dharapuram. Defendants 2 and 4 to 6 in that suit are the appellants herein. Plaintiffs and 3rd defendant are the respondents therein. A.S. No. 544 of 1989 arises from O.S. 29 of 1987, on the file of the same Court. Plaintiff therein is the appellant before this Court. A.S. No. 1153 of 1990 arises from O.S. No.

114 of 1987, Sub Court, Dharapuram. Plaintiffs in that suit are the appellants herein.

2. Parties herein will be referred to according to their rank in O.S. No. 100 of 1985, which is a suit for specific performance of agreement of sale. 2nd defendant is the plaintiff in O.S. No. 29 of 1987, which is a suit for declaration and partition. Defendants 4 and 5 are plaintiffs in O.S. 114 of 1987. That is a suit for declaration of title over the plaint property therein and to restrain the defendants from trespassing into the property.

3. Since the parties are common and in all the three suits most of the properties are also common, joint trial was ordered and evidence was taken in O.S. 100 of 1985.

4. Material averments in O.S. No. 100 of 1985 may be stated as follows:—

Plaintiffs are the