( 1 ) HEARD Sri Nazeer khan representing the appellant and Sri neelakanta Reddy representing Sri Ravikiran rao the Counsel representing the first respondent.

( 2 ) THE second appeal is preferred by the second defendant in the suit being 2004 (4) FR-F-3 aggrieved of the judgments and decrees made by the Courts below. The first respondent in the second appeal, as plaintiff, instituted a suit O. S. No. 11 of 1983 on the file of District Munsif, Adilabad for declaration and recovery of possession and for mandatory injunction to remove the huts specified and for costs of the suit,

( 3 ) THE Court of first instance, after recording evidence, had arrived at a conclusion that the plaintiff proved his title to the suit property and hence he is entitled for the reliefs prayed for in the suit. Aggrieved by the same, the second defendant alone had preferred appeal since the first defendant did not contest the suit at all.

( 4 ) THE appeal preferred in A. S. No. 20 of 1989 on the file of District Judge, adilabad was also dismissed by the judgment and decree dated 7-7-1992 and aggrieved by the same, the present second appeal is preferred.

( 5 ) FIRST respondent is the plaintiff