JUDGMENT :

R. SUBRAMANIAN, J.

1. These two appeals arise out of practically cross suits in O.S. No. 1283 of 2003 and O.S. No. 2771 of 2003. O.S. No. 1283 of 2003 was filed by the first respondent herein seeking declaration of his title in respect of an extent of 665 sq. feet of land and building situate at No. 25-A, Kalaimagal Street, Murugappa Nagar, Choolaimedu, Chennai-94 and for permanent injunction restraining the defendants from interfering with his possession of the property.

2. O.S. No. 2771 of 2003 was filed by the second defendant in O.S. No. 1283 of 2003 seeking declaration of title with reference to an extent of 665 sq. feet of land with building and an extent of 125 sq. feet (a passage) and for recovery of possession of the said property.

3. The common facts that led to the filing of the above two suits are as follows:

The property measuring 1255 sq. feet bearing No. 25, Kalaimagal Street, Murugappa Nagar, Choolaimedu, Chennai-94, belonged to one Govindan. The said Govindan had mortgaged the said property with Madras Purasawalkam Hindu Janopakara Saswatha Nidhi Ltd. on 24.12.1991. Even during the subsistence of the Mortgage dated 24.12.1991, the said Govindan had sold an ex