S.DASARADHA RAMA REDDY, LINGARAJA RATH
Mohd. Ibrahim – Appellant
Versus
Secretary to the Government of India, Ministry of Defence, New Delhi – Respondent
( 1 ) THESE appeals arise out of a reversing judgment of a learned single Judge of this court dismissing the suit brought by the two appellants for recovery of possession and eviction of respondents from the suit land and for mesne profits.
( 2 ) THE Original Suit, O. S. No. 1569 of 1981 had been brought by Mohammed ishaque as the plaintiff but he having died during the pendency of the suit his son plaintiff No. 2 and nephew P. W. 3 respectively appellants in LPA Nos. 205 and 211 of 1991 were substituted.
( 3 ) THE case of the plaintiffs was that plaintiff No. l had purchased the disputed land, Act. 3-677 sq. yards, now it is in the AOC Centre, Secunderabad, by registered sale deed dated 23-1-1946 and was possessing and cultivating the land but that the land was encircled by the AOC Centre for which a notice was issued to the Commandant AOC Centre on 2-11-1953 seeking eviction of the land. A reply was sent by the Commander, Ex. A-16 on 1-12-1953 stating that ac. 4-00 of land which was within the AOC Centre perimeter around which a fencing was erected more erroneously than intentionally, was ploughed and crops were grown by the Unit and that on the complainant re
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