JUDGMENT :

V. Gopala Gowda, J. - This Civil Appeal is filed by the appellants questioning the correctness of the impugned judgment and decree dated 23.8.2002 passed in C.C.C. Appeal No. 102 of 1997 by the High Court of Judicature of Andhra Pradesh at Hyderabad by framing certain questions of law and urging grounds in support of the same and prayed to set aside the C.A. No. 628 of 2003 same and restore the judgment and decree dated 2.12.1996 passed by the 1st Additional Judge, City Civil Court, Hyderabad (for short the 'trial court') in O.S. No. 2112 of 1988.

2. In this judgment, for the sake of convenience, we would like to refer to the ranking of the parties as assigned to them in the plaint presented before the trial court. Brief facts and necessary legal contentions urged on behalf of the parties are stated herein with a view to examine and find out as to whether the legal representatives of the deceased plaintiff are entitled for the relief as prayed in this appeal.

3. The case of the plaintiff is that defendant Nos.1 & 2, are the owners of the suit schedule property i.e. mulgies bearing Municipal Nos. 15-8-121 to 15-8-123, Feelkhana, Begum Bazar, Hyderabad, executed Agreement of