( 1 ) THESE appeals arise out of a common judgment and decree dated 30th November, 1979 passed by the learned Second additional Subordinate Judge, Vijayawada in O. S. No. 135 of 1970 and 119 of 1972. A. S. No. 1439 of 1980 is the appeal preferred against the judgment in O. S. No. 135 of 1970. Tr. A. S. No. 2140 of 1993 had been referred against the judgment and decree in O. S. No. ll9of 1972 before the District Court, machilipatnam and was transferred to this court subsequently. Since the parties are common and as common questions of law and fact are involved in both the appeals they can be disposed of together. FACTUAL MATRIX:

( 2 ) THE deceased first plaintiff and the second plaintiff were husband and wife. The father of the first plaintiff by name Ali hussain was one of the Mokhasadars of the jagir Machavaram situate in Vijayawada. There was a suit for partition among the co- sharers of that Mokhasa. Ultimately in the final decree passed in LA. No. 365 of 1991 in o. S. No. 37 of 1940 an extent of 360 Sq. yards of site fell to the share of one Naffijunisa begum, and 240 Sq. yards of site fell to the share of the father of the first plaintiff. Second plaintiff purch