VEMURU VENKATA KRISHNA RAO Vs. YELAMANCHILI RANGA RAO

JUDGEMENT

(1.) These Appeals are being disposed of by this Common Judgment in view of the commonality of the questions of fact and questions of Law, the parties and the subject matter as well.

(2.) A.S.No.1121/94 is preferred as against the Decree and Judgment in O.S.No.259/84 on the file of Subordinate Judge, Gudivada. The respondent in the said Appeal, as plaintiff in O.S.No.259/84 aforesaid, instituted the suit for recovery of possession of the plaint schedule property and for profits or in the alternative for recovery of unpaid purchase money together with interest and damages. The 1st defendant in the said suit died during the pendency of the suit and hence the defendants 2 to 5 were added as legal representatives of the 1st defendant as per orders in I.A.No.1399/91 dated 21-1-1992.

(3.) A.S.No.1212/94 is an Appeal preferred by the unsuccessful plaintiffs in O.S.No.30/85 on the file of Subordinate Judge, Gudivada as against the plaintiff in O.S.No.259/84 showing him as defendant praying for the relief of specific performance of agreement of sale and no doubt the 2nd plaintiff is said to be the assignee for an extent of Ac.5-70 cents in the plaint schedule property by virtue of an assignment deed. It is needless to say that defendants 2 to 5 in O.S.No.259/84 are plaintiffs 3 to 6 in O.S.No.30/85 and in addition thereto, no doubt the 2nd plaintiff as an assignee also is shown as a party in O.S.No.30/85 aforesaid.