COMMON JUDGMENT

These appeals arise against the common judgment in A.S.No.77 of

2009 and A.S.No.78 of 2009 on the file of the learned Subordinate Judge, Namakkal dated 23.02.2012. The appeals arose before the learned Subordinate Judge, Namakkal out of a common judgment that had been delivered by the learned Principal District Munsif at Namakkal in O.S.No.482 of 2005 and O.S.No.13 of 2006 dated 29.07.2009.

2. O.S.No.482 of 2005 was filed by the Appellant/Dhanapalan seeking for the relief of permanent injunction not to interfere with his peaceful possession and enjoyment of the property. O.S.No.13 of 2006 was filed by the defendant in O.S.No.482 of 2005 namely one Gandhimathi claiming the relief of declaration of title and for recovery of possession. Being a suit for larger relief, it was treated as primary suit and evidence was recorded in that suit. O.S.No.482 of 2005, being a suit for lesser relief, it was treated as secondary suit and common evidence was recorded and exhibits were marked only in O.S.No.13 of 2006.

3. The total extent of land in S.No.31/3 of Mettupatti Village, Namakkal District hails about 1 acre 50 cents. There is no dispute between either of the parties with respe