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 utilisation of the 'Reserved Site' left in the layout. The association is also intended for the protection and maintenance of the Reserved site left for children's park and nursery school in the lay out. As per the approved plan of the lay out two reserved sites left for the purpose of forming a children's park and for construction of a nursery school in S.F.Nos.71/2B and 71/3B in the layout. Taking advantage of the fact that the Reserved sites are being kept vacant, the first defendant in collusion with the promotors of the layout is now attempting to occupy a portion of the reserved sites set out for the purposed nursery school i.e. the suit property illegally without any valid right and title. The 1st defendant is also making hurried attempts to create and fabricate documents of title in his favour. On 09.05.1995, the first defendant and his henchmen came to the suit property and started to store building materials like stones, soil and sand and also start digging earth for putting up basement in the portion of the suit property. The plaintiff association and its members prevented the illegal and high handed act of the first defendant and his henchmen. The residents of the plaintiff's association apprehends that the first defendant may come again and may continue his illegal and unlawful construction work. After filing the suit, the first defendant has also filed a suit in O.S.No.913/1995 for permanent injunction on vexatious grounds. The Executive officer, Vadavalli Town panchayat had issued a letter to the first defendant directing him to demolish the construction put up by him illegally in the reserved site. The plaintiff prays for a decree and judgement for permanent injunction restraining the 1st defendant, his men, servants, family members, agents or anybody on his behalf in putting up construction in the suit property and with costs.

4. The brief averments of the written statement in O.S.No.831 of 1995 filed by the first defendant are as follows:

The plaintiff is not a proper person to represent the entire residents and the suit filed is to blackmail the defendant. This defendant is not a stranger and infact the defendant has paid a sum of Rs.60,000/- and purchased the property as early as on 23.04.1993 and he has to arrange money for the construction and also the approval of the Executive Officer of the Vadavalli Town Panchayat. This defendant is a innocent purchaser and the question of collusion does not arise at all. Only after due process, this defendant has started the house construction. The plaintiff has no locus-standi to prevent the construction work of the defendant which is well approved by the authority and the cause of action is not correct and the suit ought to have been filed for the relief of declaration of the site in question and