P. KALAIYARASAN, J.

These Appeal Suits are directed against the Judgment and Decree, dated 30.06.2011 passed by the Additional District and Sessions Judge (Fast Track Court No.5) in O.S.No.13663 of 2010.

2. The defendant filed two appeals, (1) A.S.No.176 of 2012 against the Judgment and Decree, dated 30.06.2011 made in O.S.No.13663 of 2010 and (2) A.S.No.27 of 2012 against the dismissal of the counter claim made by him in the said O.S.No.13663 of 2010.

3. The averments in the plaint and reply statement in nutshell are as follows:

(i) The suit schedule Item No.1 of the property belonged absolutely to the first plaintiff and the suit schedule Item No.2 belonged absolutely to the second and third plaintiffs.

(ii) The above owners executed power of attorney deed and sale agreement in favour of 4th and 5th plaintiffs for their respective properties and handed over vacant possession after receiving the consideration fully under 4 documents. Pursuant to that plaintiff 4 and 5, got building approval describing as one single plot.

(iii) The plaintiffs 4 and 5 entered into an agreement with defendant on 11.01.2004 for development of the property. As per the agreement, the defendant agre