( 1 ) THIS first appeal is by the defendants directed against the judgment and decree dated 29-11-1993 passed in O. S. No. 276 of 1988 on the file of III Addl. Judge, City Civil Court, Hyderabad at Secunderabad, decreeing the suit filed by the respondents - plaintiffs. The respondents are the plaintiffs. The parties are referred to in this judgment as they are arrayed in the suit. The plaintiffs filed the suit O. S. No. 276 of 1988 for decree declaring the plaintiffs to be the owners of the suit land bearing Sy. No. 234 admeasuring Ac. 2. 33 gts. situated at Tokatta village, Bowenpally, Secunderabad Taluk, Hyderabad District (hereinafter shortly referred to as "suit land") and for perpetual injunction restraining the defendants 1 and 2 from interfering with the possession of the plaintiffs.

( 2 ) THE material averments in the plaint be stated briefly as under: the 1st plaintiff is the widow and the 2nd plaintiff is the daughter of one late B. V. Prakasa Reddy. B. V. Prakasa Reddy was the owner and pattedar of the suit land and he died in the year 1982 leaving behind the plaintiffs as his legal heirs and successors. B. V. Prakasa Reddy had leased out the suit land to one Achaiah, s/o Ramaiah. The Tenancy Certificate was issued in the name of Achaiah and after the death of Achaiah, his two brothers viz. , Sainna and Jogaiah continued to be in possession of the land as tenants. The ownership of B. V. Prakasa Reddy remained unchallenged. When the matter stood thus the defendants have set up false plea that the suit land forms part of General land Register (GLR) Sy. No. 586 and classified as A-2 and sought to evict the protected tenants from the suit land. The protected tenants filed a suit o. S. No. 1433 of 1980 in the Court of V Asst. Judge, City Civil Court, Hyderabad, for perpetual injunction. In the said suit, the 2nd defendant set up the false plea that the suit land forms part of GLR Sy. No. 586. Since more than 40 to 50 years B. V. Prakasa Reddy continued to be in possession through tenants and since the 2nd defendant had put up a false plea that the suit land forms part of GLR Sy. No. 586, the suit is filed praying for the relief as aforesaid.

( 3 ) THE 1st defendant filed the Written Statement contesting the claim of the plaintiffs. The 2nd defendant while denying the ownership of Late b. V. Prakasa Reddy and possession of the tenants under him claimed that the suit land forms part of GLR Sy. No. 586 admeasuring Ac. 9. 39 cts. and the said land is the absolute property of the Government of India. It is also contended that as per the GLR maintained by the 2nd defendant under the cantonment Land Administrative Rules, 1937, the entire land in GLR Sy. No. 586 of which the suit land forms part, is classified as A-2, i. e. , the land not actually used or occupied by the Military authorities, but the same is reserved for military purposes. In the Written Statement, it is also contended that in fact Ac. 7. 72 cts. forming part of GLR Sy. No. 586 was the subject matter of litigation between Smt. Sharfunnissa Begum and the Military Estate Officer in O. S. No. 421 of 1972 on the file of the I Asst. Judge, City Civil Court, hyderabad. The said suit was filed by Smt. Sharfunnissa Begum for permanent injunction and for specific performance of the agreement of lease alleged to have been executed in her favour, and in that suit she categorically admitted that the suit land is the property of Government of India. The said suit was ultimately dismissed on 17-3-1976. In the Written Statement, it was also claimed that Jogaiah was in unlawful and wrongful possession of the suit land and therefore proceedings under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, were initiated against him and at that stage, Jogaiah and another person by name Voosaiah filed the suit o. S. No. 1433 of 1980 against the 2nd defendant in the Court of the V Assistant judge, City Civil Court, Hyderabad, for permane