JUDGMENT :

(The case has been heard through Video Conference)

The defeated plaintiffs are the appellants herein.

2. During the pendency of the Second Appeal, fourth appellant died and the plaintiffs 1 to 3 were recognized as the legal representatives, they were already on record. The third respondent also died, since he already sold the property to the respondents 1 and 2, they are recognized as successor in interest.

3. For the sake of convenience, the parties will be referred to as per the ranking before the Trial Court.

4. The plaintiffs have filed a suit in O.S.No.752 of 1992 before the learned Principal Subordinate Judge, Erode, for declaration of their title and for mandatory injunction restraining the defendants from putting up any construction; The third defendant has filed another suit in O.S.No.39 of 1994, before the learned Principal Subordinate Judge, Erode, to declare her right to the property. Therefore, a joint trial was conducted in both the suits, evidence was recorded. The suit filed by the plaintiffs in O.S.No.752 of 1992 was decreed and as against the same, the defendants 1 & 2 have filed an appeal suit in A.S.No.228 of 1997 before the learned II Additional District