P. RAMACHANDRA RAJU, J.

( 1 ) PLAINTIFF No, 5 is the appellant. Originally O. S. No. 27 of 1962 was filed by one Syed Afzal Hussain Abidi for declaration of his title to the suit land admeasuring Ac. 9-00 situated in Survey No. 162 of Mallepally village, hyderabad, and for recovery of possession, or in the alternative, for compensation and mesne profits. The said plaintiff died pending the suit and his legal representatives- plaintiff Nos. 1 to 4, were brought on record. The suit was dismissed for default. However, defendant No. 3-Zaibunnisa Begum, got transposed herself as plaintiff No. 5 and prosecuted the suit.

( 2 ) THE case of the original plaintiff is that one Smt. Zohra Begum was the pattedar of the land in Survey No. 162 having been declared as such under a consent decree in Case No. 83/1 of 1952 F. between herself and Yousuf Ali mirza and others on 15-1-1951, and he obtained the said land from her under a perpetual registered lease deed dated 8-9-1952. After obtaining the land on lease, he obtained sanctioned-lay out from the Municipal Corporation of hyderabad under its letter No. 1041/mn dated 5-8-1953. The first defendant the Collector District Hyderabad started disputing