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 extent of 665 sq. feet with building thereon to the plaintiff in O.S. No. 1283 of 2003 under a Sale Deed dated 15.03.1995 and had put him in possession of the property.

4. Subsequently, on 07.02.1996, the said Govindan redeems the mortgage dated 24.12.1991 by borrowing monies from Park Town Benefit Fund Ltd. the third defendant in O.S. No. 1283 of 2003. As a security for repayment of the said borrowing, Govindan executes a first simple mortgage in favour of the Park Town Benefit Fund Ltd. This mortgage covers the entire extent of 1255 sq. feet and it is also agreed between the parties to the mortgage that the Park Town Benefit Fund Ltd. will have a right of subrogation as provided under Section 92 of the Transfer of property Act, with regard to the mortgage dated 24.12.1991 executed by Govindan in favour of Madras Purasawalkam Hindu Janopakara Saswatha Nidhi Ltd. as the mortgage in favour of the said Madras Purasawalkam Hindu Janopakara Saswatha Nidhi Ltd. has been discharged out of the monies borrowed from Part Town Benefit Fund Ltd. Since Govindan defaulted in payment of the mortgage money, the Park Town Benefit Fund Ltd. in exercise of the powers conferred on it under the mortgage dated 07.02.1996, invoked Section 69 of the Transfer of Property Act and brought the entire property for sale.

5. It is claimed that a public auction was held on 27.06.2000 and one N. Chandra/the first defendant in O.S. No. 1283 of 2003 was declared the highest bidder. It is also claimed that the said N. Chandra, required the mortgagee viz. the Park Town Benefit Fund Ltd. to execute the Sale Deed in favour of her son Nagarajan/the second defendant, in O.S. No. 1283 of 2003, pursuant to the said request, the mortgagee viz. Park Town Benefit Fund Ltd. executed a Sale Deed in favour of Nagarajan on 12.12.2002. Since the plaintiff in O.S. No. 1283 of 2003 was in possession of the property pursuant to the sale deed in his favour dated 15.03.1995 and he denied the title of the auction purchaser to the extent of 665 sq. feet purchased by him under the Sale Deed dated 15.03.1995, the auction purchaser, viz. Nagarajan, filed the suit in O.S. No. 2771 of 2003 seeking a declaration of his title to the extent of 665 sq. feet and recovery of possession. The purchaser under the Sale Deed dated 15.03.1995 from Govindan, filed the suit in O.S. No. 1283 of 2003 seeking declaration of his title to the very same property and for a permanent injunction.

6. While the plaintiff in O.S. No. 1283 of 2003 would contend that after the sale dated 15.03.1995, he was entitled to the equity of redemption in respect of the property purchased by him. Once the mortgage is redeemed he would become the absolute owner of the property, in view of Section 43 of the Transfer of Property Act. Therefore, the mortgag