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1969 Supreme(SC) 445

J.C.SHAH, K.S.HEGDE
Somnath Burman – Appellant
Versus
S. P. Raju – Respondent


Advocates:
For the Appellant :G.N. Shaheen, Advocate
For the Respondents:S.A. Makroo, Advocate

Judgment

HEDGE, J. :- This appeal has been brought by the Ist defendant in O. S. No. 210 of 1958 on the file of the Ist Additional Judge, City Civil Court, Hyderabad. That was a suit brought by the Ist respondent-plaintiff for possession of the suit property. That suit was dismissed by the trial Court but in appeal the High Court of Andhra Pradesh reversed the decree of the trial Court and decreed the plaintiff s suit for possession. Thereupon this appeal has been brought after obtaining a certificate under Article 133 (1) (a) of the Constitution.

2. The subject matter of the suit is a piece of land in Himayatnagar measuring 2856 sq. yards. The plaintiff s case is that he purchased this land from one Jamsheer Khan with other plots in the vicinity under two sale deeds marked Exhs. P-2 and P-3; thereafter he was in possession of the same; when he was in possession, the second defendant trespassed into the said property and took possession of the same, thereafter he illegally sold the same to the Ist defendant. The defendant denied the plaint allegations. They denied that the plaintiff had any title to the suit property or that he was in possession of the same at any time. On the other












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