JAMUNA BEHARANI Vs. PATARLA POLAYYA DESIBEHERA

JUDGEMENT

(1.) SECOND Appeal No, 309/73 relates to Title Suit No. 3 of 1970. Second Appeal no. 310 of 1973 relates to Title Suit No. 2 of 1970. The plaintiff in both the title suits is the same and his suits are based absolutely on similar facts.

(2.) THE plaintiff's case in both the suits and the defendants' defence in both the suits being exactly similar, both the suits were tried together with the consent of the parties in both the suits, and two judgments with similar reasons and grounds for decision were delivered by the trial court decreeing the plaintiff's suits for ejectment of the defendants from the suit lands.

(3.) BOTH the defendants in the two title suits preferred appeals against the said judgments of the trial court. In the lower appellate court both the appeals were heard together. The same lawyers who had appeared for the parties in the two suits appeared for the parties in the appeals; same questions of law and fact were agitated, and both the appeals were dismissed by the lower appellate court by one common judgment. The unsuccessful defendants in both the courts below have preferred these two appeals; only one set of argument was advanced by the common counsel appearing for the parties in both the appeals, and hence this one common judgment is hereby delivered to govern both these appeals.