J U D G M E N T

R.F.A. No.124 of 2017 arises from O.S. 570/2011.

The plaintiff in the suit is the appellant. The suit is one for declaration of title, for setting aside a sale deed and for injunction against trespass.

2. RFA 126/2017 arises from OS 307/2011. The defendant in the suit, who is the plaintiff in OS 570/2011, is the appellant. The suit is one for recovery of possession on the strength of title and for damages for use and occupation. The plaintiffs in OS 307/2011 are the defendants 5 to 7 in OS 570/2011. The trial court dismissed OS 570/2011 and decreed OS 307/2011. 3. Plaintiffs 1 and 2 in OS 307/2011 are the wife and son of late A.E.Thomas. The defendant in OS 307/2011, who is the plaintiff in OS 570/2011 is the niece of late A.E. Thomas (his sister Rosaline Sebastine's daughter). The additional third plaintiff in OS 307/2011, who is the additional 7th defendant in OS 570/2011 is a transferee pendente lite from plaintiffs 1 and 2 in OS 307/2011.

4. For the sake of convenience, the first plaintiff in O.S.307 of 2011 is hereinafter referred to as, “the plaintiff”, and the plaintiff in O.S.570 of 2011 is referred to as, “the defendant”.

5. A.E.Thomas was at Bombay. His sister