JUDGMENT :

Abhay Manohar Sapre, J.

1. These appeals by special leave are filed by the appellant-defendant against the common judgment dated 21.08.2008 of the High Court of Judicature, Andhra Pradesh at Hyderabad in S.A. Nos. 1151 of 1998, 76, 167, 168 and 169 of 1999 whereby the learned Single Judge of the High Court allowed the appeals filed by the respondents-plaintiffs, in consequence, set aside the decree and common judgment dated 15.10.1998 of the Court of Additional District Judge, Kurnool in A.S. Nos.56, 57, 58 59 and 60 of 1997 dismissing the first appeals filed by the respondents herein.

2. Facts of the case need mention, in brief, infra to appreciate the controversy involved in the appeals.

3. These appeals involve a short point. However, in order to appreciate the point, it is necessary to mention the relevant facts infra.

4. The two appellants – Smt. Syeda Rahimunnisa and Syed Hyder Hussaini are wife and husband whereas the respondent no. 1(a) to 1(f) are the legal heirs of one late Haji Mian being mother, wife, sons and daughters respectively.

5. The dispute between the two aforementioned families relates to the ownership and possession of portion of land (which is a part o