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1972 Supreme(SC) 327

A.N.GROVER, K.S.HEGDE
Devi Singh – Appellant
Versus
Municipal Corporation, Hyderabad – Respondent


Judgment

GROVER, J. :- This is an appeal by certificate from a judgment of the Andhra Pradesh High Court.

2. In the year 1953 the appellant instituted a suit against the respondent for a permanent injunction restraining the respondent from obstructing the appellant s possession and enjoyment of his property known as Jumerate Bazaarat and from collecting any amount therefrom except the prescribed municipal taxes. The suit was decreed by the trial court. On appeal by the respondent the decree of the trial court was reversed by the High Court and the suit was dismissed.

3. According to the allegations in the plaint the disputed property which was called "Maidan Bazaar Jamerath", hereinafter referred to as the "Bazaar" situated at Karvan Aspan and bounded on the east by canal and police station, on the west by Bakar Mandi , on the north by cement road, graveyard and huts belonging to the plaintiff and on the south by land, huts and graveyards belonging to the plaintiff was the ancestral property of the plaintiff and was owned by him having been purchased by his ancestors. In the 1346 Fasli i.e. 1936 A.D. the Sarfe-Khas Murbarak which was the Department-in-charge of the personal estate






































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