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1971 Supreme(AP) 26

A.V.KRISHNA RAO
Angati Venkateshwarlu – Appellant
Versus
Maharanipeta Military Mosque – Respondent


A. V. KRISHNA RAO, J.

( 1 ) THIS appeal is filed by the plaintiff against a decree passed by the learned Subordinates Judge, Visakhapatnam dismissing the suit O. S. No. 65 of 1963. The suit was for a declaration of plaintiffs title to a small extent of site measuring. 1,433 Square Yards which was acquired by the Government under the Land Acquisition Act to provide for a fire station. There were rival claims for the compensations amount by the plaintiff on the one hand and Maharanipeta Military Mosque the defendant, on the other. As the plaintiff was referred t a suit be filed the present suit from declaration. He seeks to establish his title only by adverse possession of himself and of his father for over 80 years. The case of the defendant is that the property belongs to the Mosque and that the plaintiff was only a lessee under the Mosque. The Court below rejected the plaintiffs case and accepted the plea of the defendant, and accordingly dismissed the suit. Aggrieved by this judgment the plaintiffs filed on above appeal.

( 2 ) THE main point for consideration in this appeal is whether the plaintiff has made out his title to the suit property. It is common ground that there is no w





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