( 1 ) THE revision petitioner assails the order dated 18-9-2000 passed by the learned ii Additional Chief Judge, City Civil Court, hyderabad in C. M. A. No. 158 of 2000.

( 2 ) THE respondent herein filed the suit o. S. No. 1207 of 2000 on the file of the ix Junior Civil Judge, City Civil Court, hyderabad against the petitioner for perpetual injunction in respect of Ac. 4-10 guntas of land with structures thereon, more fully described in the schedule annexed to the plaint and the concomitant petition in I. A. No. 118 of 2000 seeking ad interim injunction pending disposal of the suit. After having heard both sides, the learned IX Junior Civil Judge by his order dated 11-4-2000 dismissed the petition. Having been aggrieved by the same, the respondent preferred an appeal in c. M. A. NO. 158 of 2000. Having heard either side the learned II Additional Chief Judge, city Civil Court, Hyderabad granted injunction by allowing the appeal. The petitioner who is the respondent in both the interlocutory application as well as the appeal is now assailing the said order passed by the appellate Court.

( 3 ) THE facts lie in a narrow compass: The respondent is the son of late Nawab Mojam jahi Bahadur, the second son of late Mir osman Ali Khan, the HEH Nizam-VII. Late mir Osman Ali Khan created a trust known as mojam Jahi Trust for the benefit of his second son under a trust deed dated 8-10-1849. The trustees appointed under the trust deed purchased the property known as "mount Pleasant" a building with its appurtenant land admeasuring Ac. 24-10 guntas under a sale deed dated 1-5-1954. Later the trustees leased out the main building mount Pleasant to the petitioner for the purpose of forming an Education society. Some time thereafter the trustees agreed to sell the building along with 14 acres of open land around it. There has been no written agreement of sale and no sale deed has yet been executed pursuant thereto. The petitioner has been running engineering College in the main Building mount Pleasant .

( 4 ) IT is the case of the respondent that he was recognized as the sole legal heir, and that after the death of his father on 14-9-1987 the trustees by a resolution dated 5-1-1995 handed over the property to him, and that he used to request the petitioner to raise compound wall enclosing the main building and 14 acres of open land around it separating the western portion of 6 acres and eastern portion of Ac. 4-10 guntas but the petitioner used to postpone the same and that when he got issue a notice to the petitioner requesting inter alia to raise compound wall, the petitioner sent reply admitting the respondent s right, possession and occupation over the suit property and the western portion of ac. 6-00 of course denying the allegation of interference and that the petitioner constructed a compound wall separating the western portion of Ac. 6-00 but deliberately failed to put up the compound wall separating the eastern portion of ac. 4-10 guntas, and that when the respondent took upon himself to put the barbed wire fencing at his cost and entrusted the work to one M. S. Khan the petitioner prevented the labourers from taking up the work.

( 5 ) IT is the stand of the petitioner that the society has come into possession of the entire extent of Ac. 24-10 guntas of land with the building mount Pleasant as a lessee under the trustees which is covered by a compound wall all around and has been running several educational institutions therein under the name of sultan-Ul-Uloom Education Society including the college of Engineering. There has been an agreement of sale in respect of the said land in favour of the petitioner by the trustees and the petitioner has been in possession of the entire land as an agreement holder thereof since then and therefore the respondent has never been in possession of the entire property or a part of it at any point of time. Since there had been litigation pending in respect of Ac. 6-00 of land sit