D NARASIMHAMURTHY Vs. D KRISHNAMURTHY RAO

JUDGEMENT

(1.) Since these two appeals arise out of the common judgment and the substantial questions of law in the appeals as also the parties are one and the same, they are being disposed of by common judgment.

(2.) For the sake of brevity, the parties are referred as arrayed in O.S. No. 131 of 1991. Appellants in S.A.No.92 of 1997 are the defendants in O.S. No.131 of 1991 while appellants in S.A. No.429 of 1997 are Plaintiffs 2 to 4, who are legal representatives of Plaintiff No. 1 in O.S. No. 62 of 1991 on the file of Principal Subordinate Judge, Kurnool. In other words, plaintiff in O.S. No.131 of 1991 is defendant in O.S. No. 62 of 1991 whereas the Defendants in O.S. No.131 of 1991 are plaintiffs in O.S. No.62 of 1991.

(3.) O.S. No.131 of 1991 was filed by the defendant in O.S. No.62 of 1991 seeking declaration of his title to the house bearing No. 9 / 1, Kallur Village, Kurnool District whereas O.S. No.62 of 1991 was filed by Defendants in O.S. No.131 of 1991 seeking decree for specific performance of agreement dated 15-1-1982 directing the defendant - plaintiff in O.S. No.131 of 1991 to settle the account in respect of construction of house and loan thereof and also to receive the balance of half-share, if any, from the legal representatives of the defendant, who are Plaintiffs 2 to 6 and further, execute a registered document in their favour.