COMMON JUDGMENT:

A.S.No.367 of 1994 is the plaintiffs’ appeal arising out of O.S.No.207 of 1981 seeking relief of declaration of title of plaintiffs and for possession of the schedule properties after ejecting the first defendant. A.S.No.368 of 1994 is the appeal by the defendant against the cross-suit O.S.No.93 of 1982 filed by the defendants in O.S.No.207 of 1981 against the father of the plaintiffs in O.s.No.207 of 1981 for permanent injunction restraining the said defendant from interfering with the plaint schedule lands. Under the impugned judgment and decree, O.S.No.207 of 1981 was dismissed and O.S.No.93 of 1982 was decreed. Hence, these appeals.

2. As the case of the parties in both the suits is common, for the sake of convenience, the parties are referred to as plaintiffs and defendants as they are arrayed in O.S.No.207 of 1981.

3. One Manne Basavaiah had two sons i.e. Venkatarama Basavaiah, who later died on 26.01.1981 and his wife – Pushpavathi – predeceased him in May 1980. Their daughter viz. Koneru Nagaratanamma and her husband, Koneru Subba Rao, are defendants 2 and 3 in O.S.No.207 of 1981. The said Koneru Nagaratanamma and Subba Rao had a son – Padmanabha Prasad and daughter – Leela Kumari. The said Padmanabha Prasad is defendant No.1 in O.S.No.207 of 1981. Manne Basavaiah had another son viz. Ramakrishnaiah, whose son and wife are Basava Sankaram and Durga Bhavani.The aforesaid Basava Sankaram is the sole defendant in O.S.No.93 of 1982 filed by Koneru Nagaratanamma, Subba Rao, and Padmanabha Prasad. Basava Sankaram had two sons viz. Mallikarjuna Rao, who is plaintiff No.1 and Siva Kumar – plaintiff No.2 in O.S.No.207 of 1981.The plaintiffs in O.S.No.207 of 1981 allege as follows:

(a) Sri Venkata Rama Basavaiah was the absolute owner of the plaint schedule properties. During May – June 1980 he had the suit schedule lands ploughed, repaired and transplanted with the assistance of his farm service but in December 1980 he fell sick and was unable to physically manage the properties and he was also advised by the doctors not to move about. He, therefore, executed a General Power of Attorney on 16.12.1980 wherein the father of the plaintiffs viz. Basava Sankaram was appointed as his power of attorney. It is alleged that on 24.12.1980 Venkata Rama Basavaiah settled the plaint schedule properties on the plaintiffs by a registered settlement deed reserving life interest in himself. Further, the said Venkata Rama Basavaiah died on 26.01.1981. There was, however, interference by the defendants 1 to 3 in December 1980 whereupon the father of the plaintiffs and GPA holder of Venkata Rama Basavaiah filed O.S.No.522 of 1980 on the file of the Principal Subordinate Judge, Vijayawada against defendants 1 to 3 for permanent injunction restraining them from interfering with the possession of the said property. However, as Venkata Rama Basavaiah died on 26.01.1981, the said power of attorney in favour of the father of the plaintiffs became inoperative and the said suit was dismissed at the threshold.

(b) Meanwhile, the first defendant filed O.S.No.65 of 1981 before the Principal District Munsif Court, Vijayawada claiming to be the tenant of the plaint schedule lands under Venkata Rama Basavaiah and alleging that the father of the plaintiffs was interfering; had sought injunction. The plaintiffs’ father opposed the said proceedings by denying the tenancy, as claimed by the first defendant, but initially the trial Court granted temporary injunction in favour of the first defendant and in appeal, the same was confirmed with modification. The first defendant had also filed ATC.No.165 of 1980 claiming statutory tenancy and also filed application for temporary injunction therein by making similar allegations as are found in O.S.No.65 of 1981 and the injunction application, however, was dismissed. These plaintiffs, thereafter, filed the present suit claiming the suit schedule properties on the basis of the registered settlemen