( 1 ) THIS is an appeal filed by the plaintiffs against the judgment and decree passed by the trial Court dismissing OS No. 1506 of 1993 on 14-8-1997. The suit was filed for a declaration that the plaintiffs were absolute owners and possessors of the suit property measuring 2318 sq. yards, which is part and parcel of house bearing No. 5-9-7/2, situated at Saifabad. They also sought perpetual injunction restraining the defendants 1 to 6 from interfering with their peaceful possession and enjoyment over the suit property.

( 2 ) THE facts leading to filing of the suit were that the suit property originally known as roshan Manzil was owned by one Sir Afsar-U1-Mulk who sold it to Feroz Shah in 1908. The said Feroz Shah sold it to Nawab Mohd. Yer-Jung in September, 1913. Nawab Jung died in 1942 and the total property measuring 15,105 sq. yards devolved on his heirs. Some of his heirs migrated to Pakistan at the time of partition. The property was declared evacuee property and it vested with the Custodian of the evacuee property and was taken over by the Custodian. The Custodian divided the property into four parts and put it to auction. In the auction a portion of the p