COMMON JUDGMENT:

These two Second Appeals arise out of a common judgment rendered by the Court of the Principal Junior Civil Judge, Karimnagar in O.S.Nos.1466 of 1993 and 1473 of 1 993. The plaintiff and 1st defendant in O.S.No.1466 of 1993 figured as the sole defendant and plaintiff, respectively, in O.S.No.1473 of 1993.

2. For the sake of convenience, the parties are referred to as arrayed in O.S.No.1466 of 1993.

3. That suit was filed initially for the relief of declaration of title and injunction in respect of Acs.1-11 guntas of land in Survey No.749 of Bommakal Village of Karimngar Mandal and District. The plaintiff pleaded that Acs.4.32 guntas of land in Survey No.749 was owned by one Abdul Razak, who had two sons, by name, Abdul Sattar and Ahmedulla Quadri and a daughter, by name, Huzurunnisa Begum, the 8th defendant. Defendant No.4, by name, Theetla Sailu, is said to have purchased Ac.1.20 guntas of land from Abdul Sattar in the year 1970 under an unregistered sale deed, for a consideration of Rs.850/- and that his name was recorded as cultivator and possessor. On the same day, the brother of the 4th defendant i.e. the 5th defendant, is said to have purchased an extent of Ac.0.20 guntas on the Northern side thereof. He pleaded that out of Acs.1.20 guntas held by the 4th defendant, Ac.0.09 guntas was acquired by the Government for widening of the road and the left over Acs.1.11 guntas was purchased by him from the defendant No.4 on 08-02-1983 (Ex.A-1) and that the legal heirs of Syed Ahmadullah Quadri i.e. defendant Nos.6 and 7 have joined the execution of sale deed. He further pleaded that Defendant No.8, daughter of Abdul Razak, has also executed a deed of ratification on 01-09-1993 (Ex.A-2). His grievance was that the defendants and in particular the defendants 1 and 8 are interfering with his possession and enjoyment of the suit schedule property. Later on the relief of recovery of possession was claimed, by amending the plaint.

4. The principal contest to the suit was by defendants 1 and 9. They pleaded that out of Acs.4.32 guntas of land in survey No.749, Abdul Razak sold Acs.1.20 guntas on the Southern side way back in the year 1956 in favour of one B. Narasimlu and that the latter in turn, sold that to 9th defendant, in the year 1966 (Ex.B-17). It was also stated that the 6th defendant and Abdul Sattar executed an unregistered document on 05-08-1985 (Ex.B-16) in favour of the 5th defendant in respect of the said land almost in the form of disclaimer. An extent of Ac.0.16 guntas of land was acquired by the Government from this land for widening of the road and that the 9th defendant executed a sale deed, dated 08-11-1993 (Ex.B-1) in favour of the 1st defendant, transferring Acs.1.04 guntas on the Southern side of Survey No.749.

5. It was pleaded that the suit was filed almost in a speculative measure and that there is a substantial variance in the boundaries mentioned in Ex.A-1 on the one hand and the suit schedule property on the other. The other defendants are also filed written statements presenting their own versions and disputing the claim of the plaintiff.

6. The 1st defendant filed O.S. No.1473 of 1993 for the relief of perpetual injunction in respect of Acs.1.04 guntas of land in survey No.749 of Bommakal Village, Karimnagar Mandal, against the plaintiff.

7. Through a common judgment, dated 19-03-2001, the trial Court decreed O.S. No.1473 of 1993.

O.S. No.1466 of 1993 was also decreed, but with a rider that it shall be in respect of Acs.1.02 guntas of land on north of the suit schedule property in O.S. No.1473 of 1993, as detailed in the sketch in O.S.No.208 of 1994.

8. The plaintiff filed A.S. Nos.16 of 2001 and 17 of 2001 against the decrees in O.S.Nos.1466 of 1993 and 1473 of 1993, respectively, in the Court of the IV Additional District Judge (Fast Track Court), Karimnagar. Through separate judgments, dated 14-09-2004, the lower appellate Court dismissed the appeals. S.A. No.6 of 2005 is