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1975 Supreme(AP) 217

ALLADI KUPPUSWAMI
Mohd. Shahbuddin – Appellant
Versus
Ahmed Saifulla Hussain – Respondent


ALLADI KUPPUSWAMI, J.

( 1 ) DEFENDANTS 1 and 2 in O. S. 189 of 1966 on the file of the Second Assistant Judge, City Civil Court, Hyderabad are the appellants. The first respondent herein filed the suit for an injunction restraining the defendants from interfering with his possession of a house 1-2-524/1 situated at Domalaguda, Hyderabad. His case was that the site in which the house is situated of the extent of 500 square yards belonged to one Mohd. Haneef. On his death his widow Haziz Bi became entitled to the property. She constructed a compound wall after obtaining permission of the Municipality. Thereafter, on 10-7-1955 she executed an agreement of sale of the site together with the compound wall in favour of the plaintiff and received an advance of Rs. 250. 00 and handed over possession of the land on the same day to the plaintiff. Subsequently, on 12-7-1955 she executed a sale deed for Rs. 3,000. 00 in favour of the plaintiff. The plaintiff after obtaining permission from the Municipal Corporation constructed a house on the site. One Mohd Ghouse claiming to be the brother of Mohd. Haneef filed a suit against Haziz Bi for partition of the property belonging to Mohd. Haneef. A c













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