1996 Supreme(AP) 705
C.V.N.SASTRY, LINGARAJA RATH
Mohd. Kareemuddin Khan – Appellant
Versus
SYED AZGAR ALI – Respondent
( 1 ) THE plaintiffs are the appellants against the confirming judgments dismissing the suit brought for declaration of title and eviction of the sole defendant-respondent from Survey Nos. 138 and 139 respectively measuring acs. 3-01 guntas and Acs. 2-26 guntas in Bagh Amberpet, Sarehekha Taluq musheerabad, Hyderabad. The suit was brought on the pleading of the plaintiffs being the heirs of one Ameeruddin who, according to them, was the pattedar of the land and that after his death on 27th July, 1968, the plaintiffs had been mutated in respect of the land and Kami Izafa has been issued in their favour in 1969. Ameeruddin had sold from Survey No. 138 on 21-12-1962 by a registered sale deed Ex. B-2 an extent of 9,867 sq. yards to the defendant, and his brother Md. Shamsuddin Khan had sold on 29-5-1961 by a registered sale deed marked as Ex. B-1 12,500 sq. yards from Survey no. 139. The suit was filed to avoid the sales on the contention that the sales were void being hit by Section 47 of Andhra Pradesh (Telanganaarea)Tenancy and Agricultural Lands Act, 1950 (referred hereinafter as the Act ) and that ex. B-l sale deed was also void as Shamsuddin Khan had no conveyable title in the l
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