Patta serves as prima facie evidence of ownership, and unregistered sale deeds can establish possession but not confer title. Continuous possession is crucial for ownership claims.

COMMON JUDGMENT

The unsuccessful plaintiffs before both the Courts below have filed these second appeals. The plaintiffs filed the suit in O.S.No.326 of 2005 before the learned II Additional District Munisf, Erode, seeking declaration and permanent injunction.

2. These two Second Appeals have been preferred against the common judgments and decree passed by the first appellate Court, namely I Additional Subordinate Judge, Erode, in A.S.Nos.54 and 64 of 2013, wherein, the appellants in both the appeals have challenged the common judgment and decrees passed by the learned District Munisif, Erode, in O.S.Nos.326 of 2005, filed by the appellants for the reliefs of declaration and for permanent injunction. The said suit was dismissed and in the same suit, the fourth defendant filed counter claim and the said counter claim was allowed. Aggrieved by the said judgment and decree passed by the trial court, allowing the counter claim filed by the fourth defendant and dismissing the suit filed by the plaintiffs, the appellants herein have preferred two Appeal Suits in A.S.Nos.54 and 64 of 2013 and the first appellate Court, dismissed both the appeals by confirming the judgment and decree passed by the trial Court. Therefore the appellants have preferred these Second Appeals. S.A.No.127 of 2015 is arising out of the judgment and decree passed in A.S.No.54 of 2013 and S.A.No.128 of 2015 is arising out of the judgment and decree passed in A.S.No.64 of 2013.

3. Brief averments of the plaint are as follows:

The properties in R.S.Nos.14940/11, 1941/3 and 5 corresponding to S.F.Nos.331/1 of Avalpoondurai Village, which are Natham lands. Originally the suit properties belonged to one Muthu, father of the second plaintiff by virtue of sale deed dated 20.08.1937. The said Muthu died intestate, leaving behind his two sons. In the family arrangement among the second plaintiff and his family members, the suit properties have been allotted to the second plaintiff. The first plaintiff, being wife of the second plaintiff is also enjoying the suit properties as absolute owners thereof. The second plaintiff leased out the portion of the suit property to one Jeyaraj for monthly rent of Rs.15/- and due to non payment of rent amount, the second plaintiff filed a suit in O.S.No.1212 of 1982 on the file of the Principal District Munsif, Erode, against the said Jeyaraj and the same was decreed in favour of the second plaintiff on 30.08.1988. Similarly one Rajamal wife of said Jeyaraj has filed a suit in O.S.No.673 of 1989 on the file of the Principal District Munsif, Erode, against the second plaintiff and another for permanent injunction restraining the second plaintiff and another from interfering with the peaceful possession and enjoyment of the suit properties and not to dispossess her from the suit properties. The said suit was dismissed on 23.03.1983.

3.1. While so, the fourth defendant created unregistered sale deed dated 11.08.1982 in respect of the suit property and thereby attempted to get patta from the second and third defendants. In fact the fourth defendant is residing at Erode and working in Tamil Nadu Electricity Board. He tried to get patta in his name with the aid of the revenue officials. Meanwhile, the fourth defendant made an attempt to disturb the peaceful possession and enjoyment of the plaintiffs and thereby the second plaintiff filed a suit in O.S.No.529 of 1997 on the file of the Principal District Munisif, Erode, for permanent injunction and since the plaintiffs filed the present suit for declaration, they did not prosecute the said suit. In the meantime, the second and third defendants made an arrangement to issue patta in favour of the