Both the civil miscellaneous second appeals (C.M.S.As.) arise out of the common judgment dated 13.07.2000 passed by the I Additional District Judge, East Godavari at Rajahmundry in C.M.A.Nos.65 and 102 of 1996. Since these two second appeals are against the common judgment in the above C.M.S.As., they are disposed of by the following common judgment.

2. The appellant in both the present appeals is Akula Veerraju who is the auction purchaser in E.P.No.79 of 1986 in O.S.No.71 of 1979. K.Rukmabai, the decree-holder after obtaining the money decree for an amount of Rs.27,211/- filed the E.P. against the judgment debtor Adapa Subba Rao. Thereafter, Adapa Subba Rao died leaving behind the judgment debtors 2 to 10 as his legal representatives who are his wife and children. During his life time, Adapa Subba Rao partitioned the joint family properties under a registered partition deed. Subsequently, the sale property was sold away to discharge some other debts. However, during his life time, Adapa Subba Rao executed a gift deed dated 25.06.1985 in favour of the third judgment debtor bequeathing the petition schedule property to him. After the said gift deed, the third judgment deb