ABDUL QUDDHOSE, J.

1. These Intra Court Appeals in O.S.A.Nos.19 and 20 of 2012 have been filed by the appellant against the Common Judgment and Decree dated 20.06.2011 passed by the learned Single Judge of this Court in C.S.No.59 of 2006 and Tr.C.S.1155 of 2009. Cross Objection No.27 of 2012 in O.S.A.No.20 of 2012 has been filed by the 1st respondent.

2. O.S.A.No.19 of 2012 arises out of C.S.No.59 of 2006 and O.S.A.No.20 of 2012 arises out of Tr.C.S.1155 of 2009.

3. C.S.No.59 of 2006 was filed by the first respondent against the appellant and M/s.Padma Petrol Agency, a dealer of the first respondent for a judgment and decree against them jointly and severally directing them to:

(a)quit and handover vacant possession to the appellant, the land at No.29, Poonamallee High Road, Periamet, Chennai - 600 003, hereinafter referred to as 'the suit schedule property'.

(b)to pay a sum of Rs.70,00,000/- as damages for the illegal use and occupation of the suit schedule property commencing from 01.01.2003 onwards till delivery and possession is handed over to the 1st respondent at Rs.2,00,000/- (Rupees two lakhs) per month.

(c)to pass an order of mandatory injunction directing the defendants in the suit to remove any buildings, erections, pumps, pipelines or any other fixtures/structures erected or placed on the plaint schedule property.

4. Tr.C.S.No.1155 of 2009 was filed by the appellant against the first respondent and its office bearers originally before the XIVth Assistant Judge, City Civil Court, Chennai which was earlier numbered as O.S.No.5033 of 2003 for the following reliefs:

(a) to pass a decree for specific performance of the agreement of lease directing the defendants to register the lease for a period of 50 years from 01.01.2002 with an advance of Rs.20 lakhs to be adjusted as under:

Period	Rent per quarter	Adjustment of Advance	Net rent payable per quarter
01.01.2002 to 31.12.2006	18,000	3,000	15,000
01.01.2007 to 31.12.2011	22,500	3,000	19,500
01.01.2012 to 31.12.2016	28,125	3,000	25,125
01.01.2017 to 31.12.2021	35,156	9,000	26,156
01.01.2022 to 31.12.2026	43,945	9,000	34,945
01.01.2027 to 31.12.2031	54,932	9,000	45,932
01.01.2032 to 31.12.2036	68,665	16,000	52,665
01.01.2037 to 31.12.2041	85,831	16,000	69,831
01.01.2042 to 31.12.2046	1,07,288	16,000	91,288
01.01.2047 to 31.12.2051	1,34,110	16,000	1,18,110

(b) to grant a decree for permanent injunction restraining the defendant, its office bearers, men and agents from interfering with the peaceful possession and enjoyment of the suit property.

5. The suit in O.S.No.5033 of 2003 which was earlier filed before the XIV Assistant Judge, City Civil Court, Chennai was transferred by orders of the learned single Judge of this Court to the file of this Court and re-numbered as Tr.C.S.No.1155 of 2009.

6. A joint trial was conducted for both the Suits C.S.No.59 of 2006 and Tr.C.S.No.1155 of 2009 and a Common Judgment and Decree dated 20.06.2011 was passed by the learned single Judge of this Court. Under the Common Judgment and Decree dated 20.06.2011, the learned Single Judge of this Court decreed the suit in C.S.No.59 of 2006 with costs directing the second defendant in the suit to vacate the plaint schedule property within six months. The defendants in the suit were also directed to pay Rs.1,00,000/- per month to the plaintiff towards damages for the use and occupation of the suit premises from 01.01.2003 till the date of delivery. The suit in Tr.C.S.No.1155 of 2009 filed by the appellant was dismissed with costs.

7. Aggrieved by the common judgment and decree dated 20.06.2011 passed in C.S.No.59 of 2006 and Tr.C.S.No.1155 of 2009, the appellant/1st defendant has preferred these appeals. The second defendant in the suit C.S.No.59 of 2006 who is the dealer of the first respondent has not preferred any app