JUDGMENT :

G. JAYACHANDRAN, J.

1. These two Appeals arise from the common judgment and decree passed by the Trial Court in O.S. No. 1557 of 1997 and O.S. No. 171 of 2008. Since the disputing parties are one and the same and the subject matter of the suit property purported to be the same, the Trial Court had tried both the suits together and rendered the common judgment.

2. In O.S. No. 1557 of 1997:

Kandasamy the respondent herein is the plaintiff. This suit was initially filed before the District Munsif Court, Poonamallee and numbered as O.S. No. 2030 of 1993 later, it was transferred to District Munsif Court, Ambattur and numbered as O.S. No. 1557 of 1997. Pending suit, the plaintiffs came to know about the fact that based on the settlement deeds executed by Aseervatham in favour of his son Devanithi, the 1st defendant/Devaneedhi has sold the property to one K.P. Aravindhakshan and his wife Indhira Arvindhakshan. Hence, the purchasers pendente lite were impleaded as 2nd and 3rd defendant (in O.S. No. 1557/1997) on 28.03.2006. Later, when the plaintiff came to know that the 2nd and 3rd defendants in turn sold the property to S. Sundharamoorthy and S. Poongothai, those two subsequent purchasers were impleaded as 4th and 5th defendants.

3. In O.S. No. 171 of 2008:

This suit preferred by S. Sundaramoorthy and S. Poogothai, who are the 4th and 5th defendants in O.S. No. 1557 of 1997. As per the plaint Sundaramoorthy and his wife Poogothai each purchased 1216 sq. ft. of land from K.P. Aravindhakshan and his wife Indira Aravindhakshan respectively on 23.09.1999. They got building approval and constructed a building in the suit land as per the approved plan. They are living peacefully in the suit schedule property. While so, the defendant Kandasamy along with his men trying to disturb their possession and claiming title, hence suit for declaration and possession. Both suits tried together and allowed in favour of Kandasamy.

4. Facts in brief as stated in the plaint O.S. No. 1557 of 1997:

One Ponnusamy son of Mari had large extent of land at Mogappair Village, including 2.25 acres in S. No. 196. He died in year 1960. After his death, his four sons namely Devapriyan, Thangaraj, Gabriel and Aseervatham divided the property by Koor Chit. Aseervatham got 0.87 cents of land in the eastern portion and rest was divided among other three sons. The said Aseervatham sold 0.87 acres in S. No. 196 along with 1.04 acres in S. No. 282/2A to one M.R. Sarangapani Mudaliar under registered sale deed dated 12.05.1972. The 0.87 Acres of land sold to M.R. Sarangapani Mudhaliar was acquired by Housing Board and a compound wall has been put up. The other three sons of Ponnusami who held 1.38 acres in S. No. 196 sold the property to various persons through their power agent after plotting out for the residential purpose. The suit property is about 5 cents of land in S. No. 196. The power agent of Devapriyan, Gabriel and legal heirs of the deceased Thangaraj, sold 5 cents of land to the plaintiff (Kandhasami) on 12.09.1988. The land was subsequently classified and sub-divided and assigned as S. No. 196/1A2 and Patta No. 1723 was issued to the plaintiff. Being an absentee landlord, when he visited the suit property during the end of May 1993, he found a thatched superstructure had come up on the suit property. On verification, he come to know that one Devaneedhi son of Aseervatham had forced himself into the suit property and put up the thatched structure. Taking advantage of his absence, the 1st defendant has also managed to get electricity connection for the hut. On verification, he come to know that Aseervatham, who is the father of the 1st defendant/Devaneedhi had filed suit in O.S. No. 1115 of 1993 on the file of District Munsif Court, Ambattur, for permanent injunction against him and one Mr. Murthy, from whom the plaintiff had purchased the suit property