JUDGMENT

R.M.T. Teekaa Raman, J.

1. Heard both sides and perused the records.

2. These two second appeals arise out of the common judgment and decree passed by the learned Principal Subordinate Judge, Salem, in A.S. Nos. 42 and 6 of 1996 respectively dated 21.03.1997, confirming the judgment and decree passed by the learned Principal District Munsif, Salem, in O.S. Nos. 1140 and 1011 of 1987 respectively, dated 12.01.1994.

3. For the sake of convenience, the parties are referred to as per their ranking before the trial Court in O.S. No. 1011 of 1987, since the said suit was filed prior in time and evidence and documents are marked in the said Original Suit.

4. The suit in O.S. No. 1011 of 1987 was filed for permanent injunction. The plaint proceeds on the basis that the suit properties belong to the plaintiff and his brother. Originally, the suit properties were purchased by the mother of the plaintiff namely, Pavayammal by Sale Deeds dated 06.07.1942 and 09.03.1925. The third defendant is the close relative of the plaintiff. The defendants 1 and 2 seems to have obtained a Sale Deed in their favour from the third defendant and are attempting to seize the suit properties. The third defen