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2010 Supreme(AP) 1074

B.PRAKASH RAO, B.N.RAO NALLA
Municipal Council, Nalgonda Municipality, rep. by its Commissioner – Appellant
Versus
Mohd. Abdul Rasheed – Respondent


Advocates Appeared:
For the Appellant:Shanthi Neelam, Advocate.
For the Respondents:R1, V. Hari Haran & R2, C. Panduranga Rao, Advocates.

Judgment :-

(B.N. Rao Nalla, J.)

1. Aggrieved by the judgment and decree dated 03.5.2002 in O.S.No.10 of 1997 on the file of the Senior Civil Judge at Nalgonda, the first defendant filed this appeal. The suit filed for declaration of title and for recovery of suit schedule property was decreed.

2. For the sake of convenience, the parties shall be referred to as they were arrayed in the suit.

3. The case of the plaintiff in brief is that one Gulam Musthafa was the owner and possessor of 36500 square yards of land in Nalgonda revenue village prior to Fasli 1320. Out of it, 29376 square yards forms part of old Survey No.3 and new Survey Nos.841 and 842 and the remaining 7120 square yards forms part of Ramagiri Ambari, adjacent to the old Survey No.3 towards East. Gulam Musthafa constructed a house in a portion of land after obtaining necessary permission. After the death of Gulam Musthafa, his two sons, being legal heirs, sold the said house with the entire open land to one Shahabodddin vide registered sale deed bearing No.32 of Fasli 1350. The vendors, attestors and vendee are no more. The original sale deed executed by the sons of Gulam Musthafa was with late Shahaboddin, who after p











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