IMPORTANT POINT
A point may be raised before the Supreme Court for the first time under certain circumstances.

JUDGMENT

Ganguly, J. —

1. This appeal is from a judgment dated 3rd April 2002 by the High Court of Andhra Pradesh in a First Appeal. The material facts of the case, as appear from the records, are discussed hereinbelow.

2. As asserted by the appellants, the suit land (Original Suit No.164/76) falls under Survey No.129/64. The respondents No.1, 2 and 3 were the original plaintiffs and according to them the suit land falls in Survey No.129/55. The appellants herein are the legal heirs of original defendant No.2. The respondents 4/1 and 4/2 are the legal heirs of original defendant No.1. Respondents 1, 2 and 3, as noted above, are the original plaintiffs. The case of the appellants is that the suit land belonged to one Dr. Zafar Hussain who transferred the same to one Sajid Hassan by a registered sale deed dated 20.1.1950. Thereupon, Sajid Hassan sold on or about 22.7.1963 the said land to Razia Begum, the predecessor-in-title of original defendant no.1 by a registered sale deed for a total consideration of Rs.6000/-. Razia Begum remained in uninterrupted and peaceful possession of the said property from the date of her purchase. On or about 11.08.1963 Razia Begum obtained house construction loan from the Housing Cooperative Society, Mellapelly Limited and thereafter permission for construction was accorded on or about 18.02.1964 by the Hyderabad Municipal Corporation. The original defendant no.1 was in possession and enjoyment of the property till it was transferred on 20.6.1973 to one Lateef Hassan Burney, the predecessor-in-title of the appellants (original defendant No.2) as the nominee of the defendant no.1 in terms of the rules of the Housing Society. Then, on 4.12.1975, the original suit (O.S.164 of 1976), out of which this proceeding arises, was instituted in the Court of the 4th Additional Judge, City Civil Court, Hyderabad by the plaintiffs against Razia Begum alleging that the plaintiffs’ father Saiyed Shah Abdul Khader was the Pattedar and Landlord of land bearing Survey No.129/55 (old), New Survey No.165 admeasuring 3 Acres and 26 guntas situated at Kachcha Tattikhana Sivar village Shaikpet and the then Taluk West, now Hyderabad Urban Taluk. It was also alleged that the patta was transferred in the name of the father of the plaintiffs by Sarafe-e-Khas Mubarak on 25th Azur in 1340 Fasli and the father of the plaintiffs through a registered document Tamleeknama (Settlement Deed) on 10th Aban, in 1347 Fasli which corresponds roughly to the year 1930 transferred the land to his wife Fatima Sogra, the mother of the plaintiffs. It was further alleged that after the aforesaid transfer the said Fatima Sogra, the plaintiffs’ mother, remained in continuous and exclusive possession of the same till her death on 24.07.1973. On her death the respondents no.4/1 and 4/2 illegally occupied the suit land. In the said suit Razia Begum, the predecessor-in-title of respondent no.4/1 and 4/2, filed her written statement pleading therein that she is a bone fide purchaser of the suit land by Rs.6000/- after issuing a public notice in the Daily Siyasat on 19.06.1963. No objections were received from anybody and the sale deed was finally registered with the plan on 22.07.1963. It was also pleaded in the written statement that she obtained the necessary permission for construction and obtained a loan from Housing Cooperative Society and had completed the construction till the basement level. No objection was raised by the plaintiffs with the construction and she has perfected her title against the plaintiffs by way of adverse possession. In her written statement she also pleaded that she transferred on 20.6.1973 the property in favour of Lateef Hassan Burney, predecessor-in-title of the appellants. On the filing of the written statement, Lateef Hassan Burney was impleaded as defendant no.2 by an order of the Court dated 4.11.1982.

3. Thereupon, on 18.12.1982, the original plaintiffs filed an amended plaint impleading Lateef Hassan Burney. Th