JUDGMENT :

Common Prayer: These Second Appeals are filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 28.09.1994 made in A.S.No.70 of 1993 on the file of the Subordinate Judge, Kuzhithurai confirming the judgment and decree of the learned Principal District Munsiff, Kuzhithurai made in O.S.No.369 of 1985.

1. These two second appeals have been filed as against the judgment of the First Appellate Court allowing the appeal in part. S.A.No.770 of 1995 was filed by the defendants challenging the decree and judgment of the First Appellate Court granting decree in favour of the plaintiff in respect of Survey No.2480. The unsuccessful plaintiff in respect of Survey Nos.2837- C and 2837-E has filed S.A.No.1741 of 1997.

2. For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

3. The brief facts, leading to the filing of this Appeal Suit, are as follows:

It is the contention of the plaintiff that the suit properties is a specific plots measuring 49 cents and it lies east of the village Odai (Ooru Vaikkal or Thodu). The plaintiff has purchased the same on 03.01.1997. The defendants claims right in the prope