Heard both the counsel.

2. As both the appeals arise out of the common judgment and decree dated 30.06.2003 passed by the court of III Additional Senior Civil Judge, Vijayawada in O.S.Nos.303 of 1997 and 479 of 2000, and the parties are common and the subject matter is connected, they are being disposed of by this common judgment.

3. O.S.No.303 of 1997 was filed by one Dr. R. Sampath Kumar s/o late Madhusudhan Rao, through his General Power of Attorney Dr. Chigurupati Nageswara Rao against the defendant - Pidikiti Venkataratnam, for ejectment of the defendant and for delivery of vacant• possession of the plaint schedule property and for past profits.

4. O.S.No.479 of 2000 was filed by the defendant in the suit in O.S.No.303 of 1997 Pidikiti Venkataratnam, against the plaintiff in O.S.No.303 of 1997 Le., Dr.R.5ampath Kumar and his sister MS. Kakani Sandhya, for specific performance of the suit agreement of sale dated 22.10.1971 executed by the father of the defendants late Ramavarapu Madusudhana Rao in favour of the plaintiff for a valuable consideration of Rs.16,200/- in respect of the suit schedule property.

5. The suit schedule property in both the suits is as under:

"Immovable property in an extent of Ac.0-56 cents (0.227 hectares) in D.No.189/7 with terraced building therein situated at Enikepadu Village, Gram Panchayat limits, Vijayawada Rural Mandal, within Sub Registry of Gunadala, Vijayawada, Krishna District being bounded by:

East - Koneru Subbaiah's house

South - Koneru Sree Ramulu's Vacant site etc.,

West - Yalamcnchili N arasimha Rao's house.

North - Yalamchili Veera Venkaiah @ Tataiah's house."

6. The plaint averments in O.S.No.303 of 1997 are that the plaintiff's father late Madusudhana Rao and the deceased elder brother of the defendant, by name Pidikiti Sreerama Murthy originally belong to Punadipadu village in Kankipadu mandal, Krishna District and they were close friends. In the fifties, like all other enterprising men, the two friends left the village to better their prospects in urban areas and selected Vijayawada and Guntur, for their operations. Plaintiff's father purchased within the panchayat limits of the growing suburban village of Enikipadu, an extent of Ac.0-56 cents of dry land in Door No.1897 with a tiled house, a tobacco barn with a single furnace and a thatched shed, all enclosed by a compound wall, by a registered sale deed 10-9-1954 from Mandava Narasaiah and his sons, described in detail in the plaint schedule attached to the plaint. In course of time, the owner late R. Madhusudhana Rao, had removed the thatched house made into a terraced building, thus improved the property in his life time. As he was preoccupied with the growing activities of the cinema exhibition, catering and other business activities undertaken by himself and his partner late Sreerama Murthy at Guntur, it became necessary for the plaintiff's father to keep somebody in charge of the suit property. The defendant, who is no other than the brother of his friend and partner, was thought to be the right person to be confided in and entrusted with the custody and maintenance of the valuable house property. Thus the defendant shifted from Punadipadu, to occupy and live in the schedule house as a licencee. While so, the father of the plaintiff passed away in June, 1975 leaving behind him, his mother Ankamma, widow Javahari Bai, plaintiff and one daughter by name Sandhya. As the said persons executed a relinquishment deeds and will in favour of the plaintiff, this plaintiff became the owner of the entire plaint schedule property along with other properties. At the time of death of his father, the plaintiff was doing his post graduation in medicine and the said P. Sreeram Murthy, was in sole management of the business firms and other properties. The plaintiff's mother also died in the year 1977. The plaintiff shifted to the United Kingdom and then to U.S.A. for further studies. Before leaving the country, the plaintiff executed a