( 1 ) THE Appellant-State of Andhra Pradesh, represented by its District collector, Hyderabad is the defendant in the suit filed by the respondents herein in O. S. No. 1486 of 1985 on the file of the ii-Additional Judge, City Civil Court, hyderabad. The suit was filed for a declaration, declaring that the Plaintiffs 1 to 8 are absolute owners of the plaint schedule property and for consequential decree in their favour and against the defendant for a perpetual injunction, restraining the defendant and its subordinates from interfering with the possession and enjoyment of the plaintiffs 1 to 8 over the plaint schedule property. The Trial Court dismissed the said suit by the judgment and decree dated 23-2-1994. Against which, the plaintiffs filed A. S. No. 44 of 1994 on the file of the n-Additional Chief Judge, City civil Court, Hyderabad. The Lower appellate Court by the judgment and decree dated 21-3-1998 allowed the appeal and decreed the suit in favour of the Plaintiffs 1 to 8. Aggrieved by the said judgment of the lower Appellate Court, the defendant-State filed the present second appeal. The parties herein are referred to as they are arrayed in the Original Suit.

( 2 ) WHILE admitting the second appeal, the substantial question of law that arises for consideration in the second appeal is formulated as follows:"whether the declaratory decree granted is contrary to the provisions of A. P. Survey and Boundaries Act, 1923, and whether the suit is maintainable. "

( 3 ) EXCEPT the aforesaid substantial question of law that was formulated while admitting the second appeal, no other substantial question of law has been raised or formulated.

( 4 ) THE case of the plaintiffs as averred in the plaint is that the first plaintiff is the widow, Plaintiffs 2 to 5 are sons and Plaintiffs 6 to 8 are daughters of late B. Muthyalu and they are his legal heirs. Plaintiffs 9 to 13 are the grandsons and plaintiff No. 14 is the grand-daughter of late raja Shivaraj Bahadur, the then Jagirdar of ameerpet Village in Hyderabad District. The plaint schedule property is an agricultural land, admeasuring 0-23 guntas in Sy. No. 151, comprised of Door Nos. 7-1-210 and 7-1-211, situated at Ameerpet, Hyderabad, bounded by North: 12 lane and compound and house of late Tara Bat and Door No. 7-1-211/1a, south: 40 wide road, East: neighbours house i. e. , H. No. 7-1-209 and West: Nala (open drain ). Public Road from Ameerpet to balkampet.

( 5 ) THE plaint schedule property is an agricultural land, forming part of Jagir property of Ameerpet Village, which originally belonged to said Raja Shivaraj bahadur and it is surrounded by a compound wall with farm houses to which after formation of the municipality, Municipal nos. 7-1-210 and 7-1-211 are assigned. Plaintiffs 1 to 8 are heirs and legal representatives of late B. Muthyalu and plaintiffs 9 to 14 are the heirs and legal representatives of late Raja Shivaraj Bahadur in whose name the said Jagir was held.

( 6 ) THE plaint schedule property was held, occupied and in personal occupation of late B. Muthyalu and he was paying land revenue to the Jagir till the abolition of Jagir and thereafter to the defendant. Late Muthyalu died on 21-11-1960 in the plaint schedule property. Subsequent to his death, the plaint schedule property has been in the exclusive possession and enjoyment of Plaintiffs 1 to 8. Plaintiffs 1 to 8 alone are the heirs and legal representatives and they are entitled to the patta rights over the plaint schedule property as per the notification No. 2 of 1949 of the defendant. Late Muthyalu, during his life time and after his death Defendants 1 to 8 have been in continuous possession and enjoyment of the plaint schedule property for over 65 years and they have been continuously paying land revenue to the Jagir till its abolition and thereafter to the defendant. There are pucca farming houses of the members of plaintiffs, who are cultivating the appurtenant land and they are residing i