( 1 ) IN this regular appeal filed against the judgment and decree in O. S. No. 112 of 1984, dated 10-7-1984 passed by the Court of the Additional Chief Judge-cum-I Additional Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad, the plaintiffs are the appellants. The suit was filed for declaration and injunction in relation to the open land admeasuring Acs. 5. 00 with compound wall known as Narayan Bagh bearing Municipal No. 18-9-30, Chandrayana Gutta, Keshavagiri, Bandlaguda village. The suit was disposed of by the trial Court observing that the suit as laid for declaration and injunction is not maintainable and that the plaintiffs ought to have filed the suit for declaration of their title to the suit property.

( 2 ) THE appeal raises two questions: (1) Whether the suit for negative declaration that defendants 1 and 2 (respondents 1 and 2 herein) have no interest, claim or right either joint or otherwise as to ownership and/or possession of the suit schedule property? and (2) Whether the earlier litigation between the parties as well as litigation in relation to the property is conclusive that defendants 1 and 2 have no right joint or otherwise as to