COMMON JUDGMENT:

Both the appeals are directed against the common judgment dated 18.07.2011 rendered in two separate suits i.e., O.S. No.188 of 2008 and O.S. No.94 of 2009, by the learned Senior Civil Judge, Mangalagiri.

2. The plaintiffs, who are common in both the suits, did not succeed for the reliefs they prayed and that, that was the reason, the former appeal is preferred before this Court, whereas the latter appeal was originally preferred to the District Judge’s Court, at Guntur. It was originally numbered as ‘A.S. No.89 of 2012’, and subsequently by order of this Court dated 06.06.2012 in Transfer C.M.P. No.185 of 2012, it was withdrawn and taken on file by this Court as Transfer A.S. No.612 of 2012 to dispose of with A.S. No.689 of 2011.

3. O.S. No.188 of 2008 was originally filed by one Putrevu Manikyamma seeking the reliefs of declaration of title and recovery of possession of the suit schedule properties and for consequential reliefs of cancellation of registered gift deed document No.103 of 1985 dated 11.01.1985, registered gift deed document No.6035 of 2000 dated 27.11.2000 and registered rectification deed dated 19.01.2001 and for Tr. AS No.612 of 2012 grant of permanent injunction for removal of structures in the suit schedule properties.

4. In O.S. No.94 of 2009, the very same plaintiff sought partition of plaint schedule properties into three equal shares and for allotment of one such share to her and to put her in possession of the same and for ascertainment of future profits on a separate application.

5. In O.S. No.188 of 2008, description of Schedules - ‘A’ and ‘B’ properties are shown thus:

“A- Schedule Property (Items 1 to 3):

In S.No.676/2A and 2B Ac.0-42 Cents Ac.0-04 ½ cents Ac.0-06 cents Ac.0-52 ½ cents.

B- Schedule Property (Single item):

In S.No.677 Ac.0-13 Cents”

6. In O.S. No.94 of 2009, description of plaint schedule properties are shown thus:

“Item-1 (Single item only) Extent: Ac.0.26 cents Field No.35 – Nowluru Revenue Village – Yerrabalem Panchayat limits – Mangalagiri Taluk – Guntur District, Agricultural land – Registration District, Guntur Sub-Registration Mangalagiri – patta No.262 – Survey No.676/2A Ac.0.26 cents Kondakalava – not subjected to family division during 1942 r/w. Exhibit A-1 bounded by:

Tr. AS No.612 of 2012 East: Circar Road – South to North Yerrabelm to Penumaka.

North: Land of Defendant No.1 in S.No.676/1, Comprising of Acs.2.12 cents only.

West: Plaintiff lands in S.No.677 South: Plaintiff land in S.No.676/2A.

Item-2 (Single item) Extent : Ac.0.37 cents Field No.35 – Owluru Revenue Village – Yerrabalem Panchayat limits – Mangalagiri Taluk – Guntur District, Agricultural land – Regn. District, Guntur Sub-Registration Mangalagiri – Patta No.262 – Survey No.677 – Extent Ac.0.37 cents Kondakalva connected to S.No.676/2A rain water flow – Not subjected to family division during 1942 r/w. Ex.A.1 bounded by:

East: Land of the plaintiff in S.No.676/2A North: Land of plaintiff in S.No.677 West: Plaintiff land in S.No.677 South: Land of defendant No.1 devolved on him by Will from his junior paternal uncle P.Anjaneyulu @ Abbaraju Total extent : in S.No.676/2A = Ac.0.26 cents +

in S.No.677 = Ac.0.37 cents = Ac.0.63 cents”

7. The learned Senior Civil Judge taken up both the suits for joint trial and recorded evidence.

Tr. AS No.612 of 2012

8. In O.S. No.188 of 2008, the following issues were settled for trial:

“1) Whether the suit is barred by limitation?

2) Whether the gift deed dated 11-1-1985 was obtained by playing fraud on the plaintiff by saying that it is only Will?

3) Whether the plaintiff is entitled to the relief of declaration as prayed for?

4) Whether the plaintiff is entitled to the permanent injunction?

5) To what relief?”

9. In O.S. No.94 of 2009, the following issues were settled for trial:

“1) Whether the plaint schedule property is existing? 2) Whether the plaintiff is entitled for partition of plaint schedule property into two equal shares and allotment of one such share to the plaintiff and