K.VALLIAMMAL Vs. K.KRISHNAMURTHY

JUDGEMENT

(1.) Second Appeal No.262/2013 arises against the judgment and decree passed in A.S.No.152 of 2009 on the file of XVI Additional Judge, City Civil Court, Chennai reversing the Judgment and Decree passed in O.S.No.7906 of 2006 on the file of VIII Assistant Judge, City Civil Court, Chennai. The first appellant was the plaintiff, the second appellant, who had purchased the suit property from the first appellant, was impleaded as second respondent before the lower appellant court and the respondent was the defendant in the suit. The plaintiff filed the suit in O.S.No.7906 of 2006 for permanent injunction.

(2.) Second Appeal No.263/2013 arises against the judgment and decree passed in A.S.No.153 of 2009 on the file of XVI Additional Judge, City Civil Court, Chennai reversing the Judgment and Decree passed in O.S.No.8875 of 2006 on the file of VIII Assistant Judge, City Civil Court, Chennai. The first defendant is the first appellant and the second appellant, who had purchased the suit property from the first appellant, was impleaded as the second respondent before the lower appellant court, the first respondent was the plaintiff and the second respondent was the second defendant in the suit. The plaintiff filed the suit in O.S.No.8875 of 2006 to declare the deed of cancellation of settlement dated 22.09.2006 executed by the first defendant cancelling the earlier settlement deed dated 2.7.1971 executed by the first defendant as illegal, null and void and not binding upon the plaintiff, for consequential injunction and for mandatory injunction to direct the second defendant to cancel the entries pertaining to the deed of cancellation dated 22.09.2008.

(3.) The trial court disposed of both the suits by conducting simultaneous trial and by common judgment. The lower appellate court disposed of both the appeals by common judgment. Hence, both the second appeals are taken up together and decided by this common judgment.