1. These two distinct appeals are arising out of a common judgment and decree passed in A.S.No.36/2003 and A.S.No.37/2003 in allowing A.S.No.36/2003 under a common Judgment dated 30.06.2004 and thereby setting aside the judgment and decree passed in O.S.No.831/95 under a common judgment dated 12.01.2002 and as a result dismissing the suit, as well as allowing the appeal in A.S.No.37/2003 and thereby setting aside the judgment and decree under a common Judgement, dated 12.11.2002 and as a result decreeing the suit O.S.No.913/95.

2. For the better appreciation of these two appeals, the brief averments of the plaint as well as the written statement in O.S.No.831 of 1995 are as follows:

3. The brief averments of the amended plaint in O.S.No.831 of 1995 are as follows:

The plaintiff is a registered association formed by the residents of V.N.R Layout comprised S.F.Nos.67/1B, 67/2B, 71/2B and 71/3B in Vadavalli village, Coimbatore south village for the purpose of maintenance and upkeeping of the layout. The first defendant is a total stranger and third party to the layout had colluded with promoters of the VNR Nagar Layout for the purpose of illegal occupation and unlawful utilisa