Common Judgment: (R. Kantha Rao, J.)

A.S.No. 1792 of 2000 arises out of the judgment and decree dated 30.12.1999 (after remand) passed by the I Additional Senior Civil Judge, Visakhapatnam in O.S.No.307 of 1979.

2. A.S.No. 1793 of 2000 arises out of the judgment and decree dated 30.12.1999 (after remand) passed by the I Additional Senior Civil Judge, Visakhapatnam in O.S.No.116 of 1981.

3. For the sake of convenience, the State Bank of India, Branch Visakhapatnam will be referred as plaintiff and M/s. Vegi Venkateshwar Rao and Brothers etc. will be referred as defendants.

4. The plaintiff bank filed O.S.No.307 of 1979 before the trial Court for recovery of an amount of Rs.5,01,129.22 ps. from the defendants basing on the equitable mortgage dated 08.04.1970.

5. Whereas, the defendants filed O.S.No.116 of 1981 against the plaintiff bank for rendition of accounts, recovery of rent and for evicting the plaintiff bank.

6. The pecuniary value of O.S.No.307 of 1979 as on the date of institution is Rs.5,01,129.22 ps. and the pecuniary value of O.S.No.116 of 1981 as on the date of institution is Rs.8,95,700/-.

7. Both the suits were tried jointly and a common judgment dated 30.12.