COMMON JUDGMENT

The plaintiff in a suit for declaration of title and permanent injunction has preferred S.A.(MD).No.495 of 2011 challenging the judgment and decree of the First Appellate Court reversing the judgment and decree of the trial Court.

2.SA(MD).No.496 of 2011 has been filed by the first defendant in a suit for declaration of title, recovery of possession and mandatory injunction challenging the judgment and decree of the First Appellate Court reversing the judgment and decree of the trial Court.

(A).Pleadings of the parties before the Courts below are as follows:

3.The plaintiff in O.S.No.435 of 1996 has contended that he had purchased the suit schedule property of 16 ¼ cents out of 18.10 acres in Survey No.44/1 under a sale deed dated 08.11.1982 from one Singaramani. According to the plaintiff, those properties were allotted to Singaramani in oral partition among his family members and after his purchase, he is in exclusive possession and enjoyment of the suit schedule property. He had further contended that the first defendant had purchased northern side property on 13.09.1982 from one Subbiah who does not have any source of title.

4.According to the plaintiff, the first de