1. Challenge in these second appeals are made to the judgment and Decree dated 14.07.2000 made in A.S.No.56 of 1999 and A.S.No.55 of 1999 respectively on the file of the Subordinate Court, Bhavani, Erode district, reversing the judgment and decree dated 29.04.1999 made in O.S.No.463 of 1986 and O.S.No.430 of 1998 respectively on the file of the District Munsif Court, Bhavani, Erode District.

2. O.S.No.463/1986 has been laid for declaration and permanent injunction.

3. O.S.No.430/1998 has been laid for permanent injunction.

4. It is found that the property, in dispute between the parties involved in both the suits is the same, accordingly, it is found that though separate trials were conducted in respect of the above said two cases, materials in common relied upon by the parties in the respective suits had been exhibited in both the suits and accordingly, it is found that in both the suits, the appellants in the present second appeals have lost their case before the first appellate court and accordingly, they have preferred the second appeals.

5. The case of the appellants, in brief in both the cases, is that the suit property is located in R.S.No.129/14 of Varadhanallur Village, Bhavani Taluk and the appellants, one Palaniappan and Muniagounder, are entitled to the suit property and the suit property is a cart track and the appellants and the above said persons are in possession and enjoyment of the suit property and R.S.No.130/10 of Varadhanallur Village measuring an extent of 0.09.0 hectres also belonging to the appellants absolutely and enjoying the same and the respondents have no manner of right, title and interest over the suit property. The cart track running in the suit property vests with the appellants and the above mentioned persons and accordingly, registered in their names in the revenue records and in a partition effected between the first appellant and his brother on 30.06.1986, the first appellant was allotted “C” schedule properties under the partition deed and the suit property has been included as item 3 of the “C” schedule properties of the partition deed and the lands of the defendants are situated to the south of the suit property and they have no manner of right, title and interest over the suit property and their lands are located in resurvey Nos.280 and 281 of Varadhanallur Village and as enmity had crept in between the parties, the respondents are attempting to encroach into the suit property without any authority and hence, the appellants had been necessitated to lay the suit for appropriate reliefs in O.S.No.463/1986 and the respondents in second appeal No.1170 of 2001 had levied the suit falsely against them in O.S.No.430 of 1998, thus according to them, the said respondents have no right, title and interest over the suit property and hence, it is contended on their behalf that the said respondents are not entitled to obtain the relief of permanent injunction as prayed for in O.S.No.430/1998. Thus, it is found that the appellants claim right, title and interest in the suit property on the same lines both in O.S.No.463/1986 and O.S.No.430/1998.

6. The case of the respondents, in brief in both the second appeals, is that the appellants do not have title to the suit property as put forth by them and they are not in possession and enjoyment of the suit property as claimed by them and the mere issuance of patta during resurvey proceedings would not confer any title on the appellants to the suit property. The suit is bad for non joinder of Palaniappan and Muniagounder, who are also alleged to be the owners of the suit property and the respondents are entitled to the property situated in survey Nos.280 & 281 of Varadhanallur Village and the respondents are using the suit property as an access to reach their above said lands from the days of their predecessors in interest and accordingly, have prescribed their right to use the same and the suit cart track/itteri is situated about 100 yards from Bhavan