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1985 Supreme(AP) 190

RAMA RAO
Syed Ali – Appellant
Versus
Jamal Saheb Kalan – Respondent


RAMA RAO, J.

( 1 ) THE plaintiff is the appellant. This appeal arises out of a suit for recovery of possession of Ac. 6-14 guntas of land in S Nos. 65, 66 68, 70 and 71 situated in Dharpalli village in Nizamabad taluk. The plaintiffs case is that the suit properties are the service inam lands pertaining to Dargah Chilla Dastagir. They were granted in favour of Syed Ali Shah, the paternal grand-father of the plaintiff through Muntakab. The lands are burdened with service and the plaintiff is performing the service and was in possession and enjoyment of the suit lands till 1950. In 1951, the defendants occupied the suit lands illegally. In view of the extension of the period of limitation till the end of December, 1972, for institution of a suit for recovery of possession of the service inam lands, the suit is not barred by time. The Secretary of the Wakf Board permitted the plaintiff to institute the suit.

( 2 ) IN the written statement filed on behalf of defendants 2 to 4 and 6 to 8, it is stated that the suit lands are not service inam lands. The plaintiff himself in the proceedings before the District collector and the Revenue Divisional officer. Nizamabad, stated that he is the











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