B. K. SOMASEKHARA, J.

( 1 ) THE Appellant who is the Defendant No. 1 in O. S. No. 331/80 (old 54/78) has challenged the Judgment and decree of the learned Addl. Chief Judge, city Civil Court, Hyderabad dt. 15-1-1983 passed in favour of respondents 1 to 3 who were the plaintiffs in the suit for recovery of the possession of the suit property after demolishing the structure thereon and by evicting the defendants therefrom. The respondent No. 4 herein is the defendant No. 2 in the suit. The suit property is a portion of S. No. 129/55 (old) New Sy. No. 165 to an extent of 2125 sq. yards out of 3500 sq. yards and Ac. 3-26 guntas situated at Kancha Tattikhana Sivar, Shaikpet village, Banjara Hills, (Jubilee Hills) hyderabad described in the plaint schedule. One Saraf-e-Khas Mubarak, its original pattadar transferred it in the name of the plaintiffs father Syed Shah abdul Khader on 25-Azur 1340 Fasli (30-10-1930) and he in turn transferred it to his wife Fathima Soghra under a settlement deed dt. 10th Aban 1347 fasli (5-9-1938 ). Fathima Soghra died on 24-7-1973 leaving behind her the plaintiffs, her children, as legal heirs, who succeeded to the said land after her death. It was alleged

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