S.V.MARUTHI
M. Sai Reddy – Appellant
Versus
L. Balaiah Babu Rao – Respondent
( 1 ) THESE two appeals art disposed of by a common judgment as the issues are common. Second Appeal No. 235/93 has filed against A. S. No. 111/85. A. S. No. 111/85 was filed against O. S. No. 427/81.
( 2 ) SECOND Appeal No. 236/93 was filed against A. S. No. 110/85. A. S. No. 110/85 was filed against O. S. No. 1383/81.
( 3 ) O. S. NO. 427/81 was filed by one Smt. U. R. Ellamma and Sri u. K. Ranganayakulu who are wife and husband and the owners of the suit house bearing No. 12-1-1623/1, Ambedkar Nagar, North Lalaguda, secunderabad for a declaration that D-1 is only a benamidar under the agreement to sale dated 1-6-1972 executed by D-2 and D-3 and for an injunction against the defendants restraining them from interfering with their possession pursuant to the order dated 9-3-1989 of the Special Executive Magistrate, hyderabad in M. C. No. B-76/79. The averments of plaintiff No. 1 in principle are that Smt. U. R. Ellamma and Sri U. K. Ranganayakulu borrowed an amount of Rs. 3,000/- from D-2 and D-3 in November, 1967 mortgaging the suit house in their favour by executing a sale deed and also a deed of reconveyance on 24-10-1967 separately. Since, the first plaintiff co
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