JUDGMENT :

S. RAVINDRA BHAT, J.

1. In these appeals by Special Leave, a common judgment - in two second appeals [dated 31.07.2008 in RSA Nos. 368/2002 and 736/2002] rendered by the Karnataka High Court reversing the decree of the first appellate court, has been challenged.

2. The facts relevant for the purposes of this case are that the registered sale deeds were executed on 28.05.1973 in respect of distinct parcels of land. On the same day, one of the transactions related to the sale of three parcels, which is survey no. 36/1 (28 guntas), survey no. 37 (1 acre 30 guntas) and survey no. 28/2 (13 guntas) - collectively called “the suit lands” by common sale-deed - exhibited as Ex-1 before the trial court. This document is not in dispute. In OS No. 20/1985, the plaintiff/respondent and purchaser herein filed a suit for declaration of title and recovery of possession as well as mesne profits in relation to the suit properties (hereafter called “the first suit”). The claim was premised on the fact that the plaintiff/respondents had purchased the suit properties by the registered sale deed from the appellants (defendants in the suit). It was contended that though the appellants had put the