( 1 ) THESE two Regular First Appeals arise out of the common judgment and decrees dated 23-4-1983 passed in O. S. No. 10521/1980 and O. S. No. 10002/1981 by the Additional City Civil Judge, Civil Station, bangalore. R. F. A. No. 402/1983 is directed against the decree passed in O. S. No. 10521/1980 preferred by the defendants and r. F. A. No. 403/1983 is against the decree in O. S. No. 10002/1981 preferred by the plaintiff.

( 2 ) IN O. S. No. 10521/1980, K. V. Rajagopal is the plaintiff and Smt. Sundarabai Ammal and her son Ramachandran and grand son Kantharaj are the defendants; whereas in O. S. No. 10002/1981 smt. Sundarabai is the plaintiff and K. V. Rajagopal is the defendant.

( 3 ) I shall refer to the facts of the case as set out in the earlier suit O. S. No. 10521/1980 for the dake of convenience as it would serve the purpose of the other suit O. S. No. 10002/1981 also since the plaint averments in the former suit is the defence in the latter and the defence taken by the defendants in the former suit is the plaint 'averments in the latter.

( 4 ) THE facts of the case as set out by the plaintiff in O. S. No. 10521/1980 briefly stated, are as under: the premis