(1.) THESE appeals are preferred against dismissal of plaintiffs' suit for declaration of title and possession, and for recovery of arrears of rent. Being aggrieved by reversal Judgment of the First Appellate Court, unsuccessful plaintiffs have preferred these appeals.
(2.) PLAINTIFFS have filed suits " O.S.Nos.216, 217, 218/1988 on the file of the District Munsif Court, Sankari against the Defendants for recovery of possession of thatched sheds alleging that the Defendants are Tenants under the plaintiffs and their predecessor-in-title. Since common points are involved in all three appeals, the appeals shall stand disposed of by this common Judgment.
(3.) ON the above pleadings, six issues and three additional issues were framed in the trial Court. After extracting oral evidence in-extenso in three separate Judgments, the trial Court held that the suit property belongs to the plaintiffs and the Defendants are in occupation of the sheds as Tenants. ON the basis of evidence of P.W.s 1 and 2, the learned District Munsif held that the huts situated in suit S.No.527/5 belong to the plaintiffs. The trial Court further held that the Defendants are Tenants under the plaintiffs on the basis of oral tenancy Agreement and held that the Government is not a necessary party. Stating that the first plaintiff is aged about 80 years and observing that non examination of the first plaintiff would not in any way affect the plaintiffs' case, the trial Court decreed the suit for declaration and delivery of possession.