( 1 ) CIVIL Revision Petition No. 75 of 1981 by the petitioner is directed against the order dated 20-11-1980 passed by the Munsiff, Mandya, in Misc. No. 57 of 1976 filed under Sec. 47 C. P. C. dismissing the same. Regular Second Appeal No. 363 of 1981 by the defendant is directed against the judgment and decree dated 9-1-1981 passed by the Civil Judge. Mandya, in r. A. No. 320/76 confirming the judgment and decree dated 4-11-1976 passed by the Additional Munsiff, Mandya, in o. S. No. 126 of 1975 decreeing the plaintiff's suit.

( 2 ) THE revision petitioner in C. R. P. No. 75 of 1981 is the appellant in the second appeal. He has been referred to as the petitioner throughout in the course of this judgment. Respondent-1 Lingappa in Misc. No. 57 of 1976 is respondent-1 in the second appeal. Respondant-2 Basavaiah in misc. No. 57 of 1976 is also respondent-2 in the second appeal. The said basavaiah has died and his legal representatives have come on record. They are referred to as respondents-1 and 2 in the course of this order.

( 3 ) BOTH these cases are disposed of by a common judgment as the substantial question involved in both the cases is the same.

( 4 ) RESPOND