JUDGMENT :

1. Heard Mr. G. N. Sahewalla, the learned Senior counsel assisted by Ms. S. Todi, the learned counsel appearing on behalf of the appellants in RSA No.159/2012 as well as respondents in RSA No.204/2012 and Ms. R. Choudhury, the learned counsel appearing on behalf of the respondents in RSA No.159/2012 and appellants in RSA No.204/2012.

2. Both the appeals i.e. RSA No.159/2012 and RSA No.204/2012 arises out of a common judgment and decree dated 10.05.2012 passed in Title Appeal No.02/2009 whereby appeal was allowed thereby setting aside the judgment and decree dated 19.12.2008 passed in Title Suit No.17/2007. Being aggrieved, the defendants in Title Suit No.17/2007 have preferred RSA No.159/2012 and this Court vide an order dated 29.08.2012 have admitted the said appeal by formulating two substantial questions of law which are:

(1) Whether the judgment of the learned Lower Appellate Court is vitiated because of perverse appreciation of the materials on record?

(2) Whether the judgment of reversal of the learned Appellate Court below is in accord with Order XLI Rule 31 of the CPC.

3. The plaintiffs who were the appellants in Title Appeal No.02/2009 in spite of the fact that the s