SEKAR Vs. P. MANOHARAN

JUDGEMENT

(1.) DEFENDANTS 2 to 9 in O.S. No. 552 of 1989 and the plaintiffs 2 to 8 in O.S. No. 552 of 1995 have filed S.A. Nos. 1086 of 2006 an 1087 of 2006 respectively against the common judgment and decree dated 16.12.2004 passed by the Principal Subordinate Judge, Tindivanam, in A.S. No. 59 of 2003 and A.S. No. 58 of 2003 respectively wherein and by which the common judgment and decree dated 30.6.2003 passed by the Principal District Munsif, Gingee, in O.S. Nos. 552 of 1989 and 552 of 1995 respectively, were confirmed.

(2.) SINCE the issue involved in these two appeals is inter -connected and as they arise out of common judgment and decree by the Courts below, they are disposed of by this common judgment.

(3.) FROM the materials available on record, it is seen that the plaintiffs in O.S. No. 552 of 1989 are the defendants in O.S. No. 552 of 1995. O.S. No. 552 of 1989 is filed for specific performance of the agreement dated 01.3.1980. O.S. No. 552 of 1995 is filed by the plaintiffs for declaration, injunction and recovery of possession. The suit for specific performance in O.S. No. 552 of 1989 was decreed and the suit in O.S. No. 552 of 1995 for declaration and injunction was dismissed. The defendants in O.S. No. 552 of 1989 who are the plaintiffs in O.S. No. 552 of 1995 are the appellants before this Court.