( 1 ) NERUSU Seetharavamma, the unsuccessful defendant in both the courts below had preferred the second appeal under Section 100 of the Code of Civil Procedure (herein after in short referred to as code for the purpose of convenience ). Nerusu Durgaiah, respondent herein, the plaintiff filed the suit O. S. No. 85 of 1984 on the file of the Principal Munsif Magistrate, Repalle, for declaration that the schedule property belongs to the plaintiff with absolute rights and for possession of the said property and also for future profits and costs of the suit.

( 2 ) BEFORE the court of first instance, on the respective pleadings of the parties having settled the issues, the evidence of P. Ws. 1 to 5 and Dws. 1 and 2 was recorded and Exs. A-1 to A-9 were marked and ultimately the court of first instance came to the conclusion that the respondent in the present second appeal, the plaintiff in the suit, is entitled to a decree and directed the defendant, the appellant herein to deliver item No. 1 of the plaint schedule property along with standing trees and crops and deliver item No. 2 after removing the standing structures or trees thereon, standing in the way of delivery of item No. 2 of

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