DALAVA SUBRAHMANYAM, J.

( 1 ) THE above three appeals are filed against the judgment and decree in OS No. 38 of 1969 on the file of I Additional Chief Judge, City civil Court, Hyderabad, dated 30-12-1978 in partly decreeing the suit and declaring the title of the plaintiffs to the unreclaimed portion comprised in Survey No. 9/3 of khairatabad Village and for recovery of possession of the said extent and dismissing rest of the reliefs claimed in the suit.

( 2 ) AGGRIEVED against the judgment and decree in OS No. 38 of 1969, the chairman A. P. State Electricity Board, hyderabad, who is the second defendant filed CCCA No. 132 of 1979, the plaintiffs filed CCCA No. 209 of 1981 and the State of andhra Pradesh, who is the first defendant filed CCCA No. 54 of 1985. Since the subject-matter of the property in all the above three appeals are one and the same and all the above appeals are filed against the judgment and decree in OS No. 38 of 1969, the following common judgment is delivered in all these appeals.

( 3 ) THE matrix of the case are as follows: mohammad Nooruddin Asrari and others, who are the plaintiffs filed the suit for declaration of their title and possession of the lands measuring 75 Acres and 8 guntas comprised in survey numbers 9/2 to 9/15 situated at Khairatabad together with mesne profits for three years preceding to the filing of the suit or in the alternative for a decree for Rs. 1,45,58,720/- towards the cost of the land with interest thereon at 6% per annum from the date of institution of the suit till the date of realization. The material averments contained in the plaint are as follows. For convenience sake the parties are described as plaintiffs and defendants. The Plaintiffs 1 to 4 are the sons, Plaintiffs 5 and 6 are the daughters and Plaintiff No. 7 is the widow of late Shah mohammad Wajhullah Hussaini Asrari, S/o late Mohammad Abdul Qader. The said Shah mohammad Wajhullah Hussain Asrari died on 15-4-1952 leaving behind the plaintiffs as the legal representatives and the plaintiffs succeeded to the suit properties and other properties situated at Khairatabad Village. Late Naimatullah Shah was the ancestor i. e. , jedda Aala of the plaintiffs. Along with the plaint material documents were filed in support of their contentions and it was further contended that the original documents are with the Defendants 1 and 2. It was further contended that the Defendants 1 and 2 are in possession and occupation of 75 Acres and 8 guntas as described in plaint A schedule property and it was occupied by the then Electricity Department of erstwhile Hyderabad State from the possession of Shah Mohammad Wajhullah hussaini with his implied permission and specific understanding that the Government would pay adequate compensation after succession proceedings by Atiyat Court. The land occupied by the Defendants 1 and 2 for power house, workshop, offices and other departmental works and buildings are in the capacity as licensees of the ancestors of the plaintiffs. Late Shah Mohammad wajhullah Hussaini during his life time asserted his right, title and claim to the suit property and the Electricity Department of defendants 1 and 2 admitted his title to the suit land and advised him to settle the , matter with higher authorities. In spite of repeated correspondence, the compensation was not paid and due to changed circumstances the Defendants 1 and 2 committed breach. Hence, the plaintiffs are entitled to claim possession of the suit land from the Defendants 1 and 2. The then honourable Minister for Public Work department Sri Mehdi Nawaz Jung as an agent and head of the Defendants 1 and 2 conclusively accepted the title of late Shaw mohammad Wajhullah Hussaini to the suit land on 9-4-1952. Meanwhile, Shah mohammad Wajhullah Hussaini died on 15-4-1952 and later succession proceedings were taken up in Atiyat Court and the first plaintiff was declared as the Manager of the said maqta and as such the plaintiffs became competent to as

Click Here to Read the rest of this document