K.RAMASWAMY, SUJATA V.MANOHAR
Lokraj – Appellant
Versus
Kishan Lal – Respondent
( 1 ) THIS appeal by special leave arises from the division bench judgment dated 22/1/1986 made in CRP No. 1215 of 1977 of the High court of A. P. . The respondent-plaintiff laid the suit OS No. 59 of 1968 in the court of the Chief Judge, City Civil court, Hyderabad for partition of the plaint schedule properties and for l/6th share therein. We are concerned in this appeal with the properties mentioned in b Schedule of the plaint. It consists of 8 items, of which item 5 relates to lands bearing Survey Nos. 174, 175, 179, 192, 193 and 205 admeasuring 20 acres 21 gunthas situated in Attapur Village. The said land was acquired by the government to establish a zoo. The compensation was determined in OP No. 35 of 1963 by the First Additional Judge, City Civil court, Hyderabad. The rest of the properties are now found to be inam lands as per the finding of the High court:
"thus, there does not appear to be any controversy between the parties on the question whether the plaint b Schedule properties are inam lands or not. Therefore, it becomes an admitted fact that the plaint b schedule lands are inam lands. "
( 2 ) ON those admitted facts, the division bench proceeded to consider whether th
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