JUDGMENT :

Common Prayer:- Appeals filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.Nos.36 and 37 of 2009 dated 30.06.2010 on the file of the II Additional Subordinate Court, Madurai reversing the judgment and decree made in O.S.Nos.420 and 462 of 2005 dated 20.11.2008 on the file of the District Munsif Court, Thirumangalam.

These two appeals arise out of two separate suits. The details are as below:

The first suit is O.S.No.420 of 2005 on the file of the District Munsif Court, Thirumangalam. This was laid against three defendants for declaration of title over 5 items of suit properties and for ancillary relief of injunction. The defendants in turn, instituted O.S.No.462 of 2005 against the plaintiffs in O.S.No.420 of 2005 inter alia for specific performance. Both the suits were tried jointly and evidence was recorded in O.S.No.420 of 2005.

After appreciating the evidence before it, the trial Court dismissed O.S.No.420 of 2005 and decreed the suit for specific performance in O.S.No.462 of 2005. Challenging the aforesaid decrees, two separa