JUDGEMENT :

These second appeals have been filed challenging the Judgment and Decree dated 26.07.2006 passed in A.S.Nos.58 & 72 of 2006 on the file of the Additional Sub Court, Salem reversing the Judgment and decree dated 07.12.2005 passed in O.S.No.470 of 1999 and O.S.No.857 of 2001 on the file of the Principal District Munsif Court, Salem.

2. The Appellant is the plaintiff in the suits O.S.Nos.470 of 1999 and 857 of 2001 on the file of the Principal District Munsif Court, Salem. O.S.No.470 of 1999 was filed for a declaration that the Appellant/plaintiff is the absolute owner of one acre of Nanjai land in S.No.188/2 in Jariveeranam Village, Salem and for injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the property. The suit was partly decreed granting permanent injunction against the defendants till the plaintiff obtained a sale deed and possession of the property in S.No.197/3 based on the decree in O.S.No.857 of 2001. However, the Trial Court rejected the prayer for declaration of title. The respondents/defendants preferred an appeal aggrieved by the Judgment and Decree dated 07.12.2005 passed in O.S.No.470 of 1999 before the Additional Sub Court, Salem in A.S.No.58 of 2006. The learned Additional Sub Court, Salem by its Judgment and decree dated 26.07.2006 passed in A.S.No.58 of 2006 allowed the appeal by setting aside the grant of permanent injunction by the Trial Court. Aggrieved by Judgment and Decree dated 26.07.2006 passed in A.S.No.58 of 2006, S.A.No.974 of 2007 has been filed by the Appellant/plaintiff.

3. O.S.No.857 of 2001 was filed by the Appellant/plaintiff before the Principal District Munsif Court, Salem seeking for direction to the respondents/defendants to execute a sale deed for Rs.14,250/- in his favour with respect to 1 acre of agricultural land in S.No.197/3 and also to direct the respondents/defendants to deliver possession and also sought for an order of permanent injunction restraining the respondents/defendants from alienating or creating any encumbrances over the suit property or in the alternative pass a decree for return of Rs.14,250/- with interest at 12% by way of damages. The suit was decreed as prayed for by directing the respondents / defendants to execute the sale deed on receiving the balance sale consideration of Rs.250/-. Aggrieved by the Judgment and decree dated 07.12.2005 passed in O.S.No.857 of 2001, the respondents/defendants preferred an appeal before the Additional Sub Court, Salem in A.S.No.72 of 2006. The Appeal filed by the respondents/defendants was allowed by the learned Additional Sub Court, Salem in A.S.No.72 of 2006 by it judgment and decree dated 26.07.2005. Aggrieved by the judgment and decree dated 26.07.2006 passed in A.S.No.72 of 2006, the Appellant/plaintiff has preferred S.A.No.975 of 2007 before this Court.

4. Since the issues involved in both the Second Appeals are interconnected, this Court is disposing of both the Second Appeals by a common Judgment.

5. For the sake of convenience, the parties are henceforth described in accordance with their litigative status in the respective suits.

6. The case of the plaintiff is that one Mari Gounder executed a registered agreement (Ex.A1) dated 12.02.1982 in his favour agreeing to sell one acre in S.No.197/3. It is also his case that the said Mari Gounder also executed an unregistered agreement of sale (Ex.A2) dated 12.02.1982 in his favour to sell one acre in S.No.188/2. According to the plaintiff, in this agreement (Ex.A2), there is a specific recital that the said Mari Gounder was permitted to enjoy this property till the litigation over the property in S.No.197/3 was concluded. According to the plaintiff, the entire sale consideration had been paid by him to Mari Gounder long time back. It is the case of the plaintiff that he has been allowed to be in enjoyment of the property for about 35 years prior to the date of the agreement. It is his case that he has become the absol