( 1 ) THESE two appeals arise out of a common judgment but two decrees, passed by the 10th Additional City Civil Judge, Bangalore city in O. S. No. 10260/80 and O. S. No. 10261/80 after a common trial. Therefore, they are taken up for consideration together and are disposed of by this common judgment. For the purpose of convenience, the parties are refenred to as they are referred to in the original Suit.

( 2 ) O. S. NO. 10260/80 was filed by Arokyaswamy, the plaintiff, against the defendant Jagannath for the relief of declaration, that he is the absolute owner and in possession of the plaint schedule property, for permanent injunction and for other consequential reliefs. Similarly, o. S. No. 10261/80 is filed by Aralappa, the plaintiff against the very same Jagannath, the defendant far the same relief. The suit schedule property in these two suits is two different bits of land in the same survey number.

( 3 ) THE land bearing Sy. No. 47/2 of Nagawara Village, Kasaba hobli, Bangalore North Taluk, measuring 35 guntas each is the subject matter of both the suits. However, each one of them are claiming different portions is the said Sy. No. The case of the plaintiff in