The preliminary objection raised by Sri Challa Sitaramaiah, learned Senior Counsel, representing Sri B. Rajendra and M. Narender Reddy, learned counsel for the respondents, is that the present appeal is not maintainable since the appellants herein i.e., State of Andhra Pradesh have not challenged the common findings in O.S. Nos.274 and 276 of 1983, but challenged only the findings in O.S. No.141 of 1984 and, therefore, this appeal is hit by the principle of Res judicata.

The brief facts of the case are as follows. One Ghulam Ahmed Khan filed O.S. No.274 of 1983 claiming title to an extent of Ac.6.08 guntas in Survey No.9/13, Khairatabad village, within the specified boundaries seeking declaration of title and for injunction. One Mohd. Osman filed O.S. No.276 of 1983 claiming title to an extent of Ac.3.00 guntas in Survey No.9/13 of Khairatabad village within the specified boundaries. One Ranga Reddy, Vijaya Reddy and 7 others filed O.S. No.141 of 1984 claiming title to an extent of Ac.19.23 guntas in Survey Nos.49 and 50 in Rasoolpura village, Hyderabad within the specified boundaries. In all these suits, the relief sought is declaration of title and injunction and certain other reliefs.

All these three suits were tried together; evidence was recorded in O.S. No.274 of 1983. The defendants Nos.5 to 9 i.e., State of Andhra Pradesh, represented by its District Collector, Hyderabad and other officials in O.S. No.274 of 1983 were arrayed as Defendants 3 to 7 in O.S. No.276 of 1983 and defendants 3, 4, 5, 9 and 10 in O.S. No.141 of 1984. The plaintiffs in O.S. Nos.274 and 276 of 1983 were arrayed as defendants 1 and 2 in O.S. No.141 of 1984. The plaintiffs 1 and 2 in O.S. No.141 of 1984 were arrayed as defendants 1 and 2 in O.S. No.274 of 1983. The first plaintiff in O.S. No.141 of 1984 was arrayed as defendant No.1 in O.S. No.276 of 1983.

The main question in all these three suits was whether the disputed land forms part of Survey No.9/13 in Khairatabad village as claimed by the plaintiffs in O.S. Nos.274 and 276 of 1983 or forms part of Survey Nos.49 and 50 in Rasoolpura as claimed by the plaintiffs in O.S. No.141 of 1984 or in Survey No.43 of Bholakpur village as claimed by the State of A.P. The specific case of the State of A.P., is that Survey No.9/13 is situated to the side of the Secretariat building besides mint compound and whereas the Ministers Road is situated at the side of Deccan Continental Hospital and, therefore, there is no relevancy between the boundaries of the suit schedule property as mentioned by the plaintiffs. It is also the case of the State of A.P. (hereinafter referred to as ‘Government’ for convenience since referred as Government in the lower Court judgment) that Survey No.43 of Bholakpur village is a Government Shikkam Talab i.e., Tank Bed Government land and such lands vest in Government. On behalf of the plaintiffs, PWs. 1 and 2 were examined and Exs.A-1 to A-4 were marked. On behalf of the defendants, DWs. 1 to 12 were examined and Exs.B.1 to B.90 were marked. Exs.C-1 to C-3 and EXs.X.1 to X.10 were also marked. The issue No.1 is almost same in all the three suits.

In O.S. No.274 of 1983, the issue No.1 is as follows. Whether the suit property is part of Survey No.9/13 of Khairatabad village as claimed by the plaintiffs or whether it is a part of Survey Nos.49 and 50 of Rasoolpura village as claimed by the defendants 1 and 2 or whether it is the part of Survey No.43 of Bholakpur village as claimed by the Government? On this issue in O.S. No.274 of 1983, the lower Court gave a finding that the plaintiffs miserably failed to establish that the suit property forms part of Survey No.9/13 of Khairatabad village, and the Government also failed to establish that the suit land forms part of Survey No.43 of Bholakpur village, but held that the defendants 1 to 4 clearly established that that the suit land forms part of Sy.Nos.49 and 50 of Rasoolpura village. In the result, the lower Court dismissed t