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2007 Supreme(AP) 699

D.S.R.VERMA, D.APPA RAO
Darshanam Swamy @ Somaiah – Appellant
Versus
Rithu Malhotra @ Rithu Kapur – Respondent


Advocates Appeared:For the Petitioner:D.V. Bakshi, Advocate. For the Respondent:A. Ananta Reddy, Advocate.

Judgment :-

Common Judgment: (Per Dar, J)

1. These two appeals, A.S.No.4116 of 2004 and A.S.No.4119 of 2004, arise out of a common decree and judgment in O.S.143 of 2002 and O.S.24 of 2003 (old O.S.869 of 1998), respectively, on the file of learned II Additional District Judge, Ranga Reddy District.

2. O.S.143 of 2002 was filed by the appellants for declaration that they have perfected their title by adverse possession over Ac.7-03 gts situated in Sy.No.289 in Puppalaguda village and for a permanent injunction restraining the respondent from interfering with the said property. Equally, respondent Rithu Malhotra filed O.S.No.24 of 2003 for a permanent injunction restraining the appellants from interfering with the above said property.

3. The case of the appellants, in brief is, that they and their ancestors have been in possession of the suit property right from 1936. Originally it belonged to one Fakaryar Jung. Their father Gandaiah took the land on lease from Fakaryar Jung. During partition, Fakaryar Jung migrated to Pakistan in 1947. Since then no one has claimed ownership or possession. In the year 1988, the revenue authorities issued notice dated 3-12-1988 under Encroachment Remo








































































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