COMMON JUDGMENT:

S.A.No.584 of 2002 is filed by the appellant – defendant No.2 aggrieved by the common judgment and decree in A.S.No.37 of 1996 on the file of the Additional District Judge, Nizamabad confirming the judgment of the Principal District Munsif, Nizamabad in O.S.No.162 of 1992 dated 22.02.1996.

2. O.S.No.162 of 1992 is filed by the respondent – plaintiff seeking declaration of title and injunction relating to Ac.3-00 guntas of land in Survey No.54 situated at Singampally Village, Makloor Mandal, Nizamabad District against the appellant herein. The said suit was filed on 12.05.1992. The plaintiff contended that he was the eldest son of one Mr.Buranuddin, who was the owner of the land comprised in Survey No.54 situated at Singampally Village to an extent of Ac.3-00 guntas. Md.Buranuddin succeeded to the property from his late father Sri Ahmed Hussain. In fact, the total extent of the land in Survey No.54 was Ac.8-11 guntas. The defendant being the youngest son of late Sri Ahmed Hussain was given an extent of Ac.2-11 guntas towards his share by his late father. After the death of Ahmed Hussain, the plaintiff and defendant were continuing their occupation, possession and owne