(Prayer: Second Appeal No.1196 of 2011 filed under Section 100 C.P.C. to set aside the judgment and decree passed by the Sub Judge, Sathiyamangalam dated 30.6.2011 made in A.S.No.8 of 2011 reversing the Judgment and Decree of District Munsif, Sathya mangalam dated 29.07.2010 made in O.S.No.89 of 2001.

Second Appeal No.1277 of 2011 filed under Section 100 C.P.C. to set aside the judgment and decree passed by the Sub Judge, Sathyamangalam dated 30.6.2011 made in A.S.No.3 of 2011 confirming the Judgment and Decree of District Munsif, Sathya mangalam dated 29.07.2010 made in O.S.No.89 of 2001.)

Aggrieved over the concurrent findings of the courts below dismissing the suit filed by the Plaintiff for declaration and consequential relief, S.A.No.1277 of 2011 is filed. S.A.No.1196 of 2011 is filed against the finding of the First Appellate Court allowing the counter claim of the defendant. Since both the appeals are arising out of the same judgment, this Court is inclined to dispose of the same in a common judgment. For the sake of convenience the parties are arrayed as per their own rankings in the original suit.

2. The brief facts leading to file these Second Appeals are as under: