S ERAKKA Vs. K ABDUL RAHMAN

JUDGEMENT

(1.) In both these second appeals, though the appellants are different, the respondent is common and since the facts involved in both the matters also are almost similar, both these appeals are being disposed of by this common judgment.

(2.) S.A. No.443 of 1991 was filed by the unsuccessful plaintiff who had no doubt succeeded in the Court of first instance but had suffered a reversing judgment in A.S. No.59 of 1984 on the file of the District Judge, Ananthapur reversing the judgment in O.S. No.745 of 1978 on the file of Principal District Munsif, Ananthapur. Likewise, S.A. No.463 of 1991 was filed against the reversing judgment made in A.S. No.60 of 1984 on the file of the District Judge, Ananthapur reversing the judgment of the Court of first instance in O.S. No.746 of 1978 on the file of the Principal District Munsif, Ahanthapur.

(3.) The appellants in both these appeals who are the plaintiffs in respect of the suits specified above had filed the respective suits for confirmation of right, title and possession relating to the plaint schedule property and in the event of failure to do so, for a decree against the respondent-defendant for refund of the sale consideration paid under the sale deed.