R.KANTHA RAO, B.PRAKASH RAO
K. I. Askari – Appellant
Versus
Nawab Mir Barkat Ali Khan – Respondent
COMMON JUDGMENT: (Per R. Kantha Rao, J)
1. This is an appeal from the decree and judgment dated 24.02.2004 passed by the XIV Additional Chief Judge, City Civil Court, Hyderabad in O.S.No.271 of 2001.
2. The unsuccessful defendants are the appellants. The respondent filed the suit for declaration of title, recovery of possession, profits past and future which has been decreed by the trial Court. Assailing the said decree and judgment, the defendants preferred the present appeal.
3. The brief facts necessary for considering the questions involved in the appeal, may be stated, as follows:
According to the respondent/plaintiff, he became entitled to the schedule mentioned property under a registered gift deed, dated 21.03.1957 executed by His Excellency, the Nizam VII Sir Mir Osman Ali Khan in his favour. At the request of the first appellant, the respondent permitted him to occupy the schedule mentioned property in an area of 2581.07 square yards covered by House No.4-1-1 situate in Boggulakunta. The request of the first appellant was acceded to by the respondent as the first appellant convinced him that it would take at least six months to make the proposed permanent premis
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