COMMON JUDGMENT:

Appeal Suit No.1728 of 2018 is filed against the judgment and decree dated 24.09.2018 passed in O.S.No.153 of 2012 on the file of Senior Civil Judge, Nizamabad.

2. Appeal Suit No.1648 of 2018 is filed against the judgment and decree dated 24.09.2018 passed in O.S.No.143 of 2012 on the file of Senior Civil Judge, Nizamabad.

3. Both the suits are filed by the plaintiff for declaration of title and perpetual injunction against the defendants in respect of suit schedule property.

4. The brief facts of filing the appeals are that the plaintiff is the absolute owner and possessor of the agricultural lands in survey No.334/AA to an extent of 15 acres situated at Nadpally Village. Originally the land in survey No.334/AA is consisting of 238 acres and it was Government PP land. In the year 1958 the land to an extent of 50 acres was put to an auction and in the said auction Vishwanatham purchased 15 acres and Rajender purchased 35 acres. Auction was conducted under Laoni Rules, 1958 and they paid auction amount in the treasury. The possession of the auction land was delivered to the auction purchasers by the revenue authorities under the cover of panchanama dated 02.08.1959. The patta was implemented in jamabandhi in their favour from then onwards they are pattedars, owners and possessors of the respective lands. The fact of putting the suit land into auction and granting of patta to Viswhanatham and Rajender is entered in Faisal Patty form No.5, 6, 7 of Nadpally Village Shivar of Nizamabad taluk in the year 1958 and thus they accrued right, title and interest in the said land and also accrued saleable right in the said land. The names of the Rajender and Vishwanatham was entered in the pahanies for the year 1958-59 to 1960-61 and there is an entry in the pahani for the year 1958-59 to 1960-61 to the effect that 50 acres is put to auction and Jamabandi entry is made. The possession of the said land of 50 acres delivered to Vishwanatham and Rajender on 02.08.1959 by Girdavar (Revenue Official) Dichpally, by conducting a panchanama and since then Vishwanatham and Rajender were possessors of the said land and from 02.08.2009 Vishwanatham became the owner and possessor of the suit land. The said Vishwanatham was also given pass book in the year 1967 showing the ownership of Viswanatham over the land in survey No.334 and it also shows the assessment of revenue of Rs.17.80 for the land in survey No.334 and shows payment of Rs.17.80 as revenue 10.01.1967, in respect of land in survey No.334. Thus originally Vishwanatham and Rajender became the pattedars, owners and possessors of the suit land. Some of the ryots of Nadpally and Suddapally villagers filed petition seeking cancellation of the sale conducted by auction through which Vishwanatham and Rajender and others purchased the lands in auction. The said matter was carried to the Government of A.P on 04.07.1961 Deputy Chief Minister in the judgment elaborately discussed regarding putting the suit land to auction and finally held that auction conducted is valid. Later, Vishwanatham who was the owner and possessor of the suit land died and his legal heir Dasari Venkat Ram Kishan, Dasari Chandrasheker, Dasari Ram Mohan and Dasari Damodar sold and extent of 10 acres out of 15 acres in survey No.334/AA to the plaintiff vide registered sale deed bearing document No.2935/05 dated 15.03.2005 and the legal heirs also sold the balance five acres of land in survey No.334/AA to Arugonda Ravi and from him plaintiff purchased the same vide registered sale deed bearing document No.12130/05 dated 07.11.2005, thus the vendors and the plaintiff noticed that survey No.334 was wrongly mentioned and that the land sold is in survey No.334/AA as such rectification deeds were executed and registered in respect of all the above said three sale deeds vide rectification deed No.6589/06 dated 10.04.2006 in respect of sale deed bearing No.2935/05, vide rectification deed No.8829/06 dated 14.07.2006 in res