The first defendant in O.S.No.251 of 1995 on the file of the court of III Additional Assistant Judge, City Civil Court, Hyderabad is the appellant herein. The suit was filed for declaration of title of the plaintiff with regard to suit schedule property and for an injunction not to interfere in any manner with regard to peaceful possession and enjoyment of the property even by execution of the decree dated 07-12-1994 in O.S.No.369 of 1989. The subject matter of the suit is residential premises bearing No.139/L, New Municipal No.7-3-476, situated at Audaiah Nagar, Secunderabad.

According to the case of the plaintiff, the suit schedule property was purchased from the second defendant under a registered sale deed dated 09-07-1987 for a valuable consideration on the basis of the Standing Committee resolutions and the plaintiff was already in possession of the suit schedule property and continued to be in possession as a purchaser. The first defendant is a stranger to the family. However, he filed a suit O.S.No.2896 of 1978 claiming that he is the adopted son of late Baganna, who was a tenant in respect of the plaint schedule premises and for mutation and recovery of possession of the property from the plaintiff. The suit was decreed ex parte and in execution of the decree in E.P.94 of 1982 the first defendant took the possession of the suit schedule property and his name was mutated in the municipal records as a tenant. Thereafter the second defendant gave a notice terminating the tenancy of the first defendant on 18-02-1986 ending in the month of March-1986 and it was not received by the first defendant. On 09-05-1986 he voluntarily surrendered the possession of the property to the second defendant and removed all his belongings and the plaintiff was put in possession of the property. The first defendant made illegal attempts to trespass and a complaint was lodged.

Subsequently the first defendant filed O.S.No.369 of 1989 on the file of the court of First

Assistant Judge, City Civil Court, which was transferred to the 18th Assistant Sessions Judge under Section 6 of the Specific Relief Act,1963 ( for brevity “the Act”) claiming that he was illegally dispossessed from the property and the said suit was decreed on 07-12-1994. As against that the plaintiff filed A.S.No.6 of 1995 and as the appeal is not maintainable it was later withdrawn. The present suit is filed claiming that the plaintiff is the owner of the property and entitled for declaration and injunction as prayed for.

The first defendant filed a detailed statement tracing to his relationship with Baganna who was the original allottee of the premises and his filing of the suit O.S.No.2896 of 1978 and mutation of his name as a tenant. He also referred to the consequential proceedings in pursuance of the decree. It was further averred in the counter-affidavit as under:-

“While proceedings in E.P.No.64 of 1986 was pending, the second defendant bore grudge against this defendant and got issued a termination notice dt. 18-02-1986 through its Standing Counsel Sri A.M.S. Ranga Chary, terminating the tenancy with the end of the tenancy month ending on 31st March, 1986 or on such other date in the month of March, 1986. In fact the said notice was served on this defendant belatedly on 03-04-1986 by Mr. Lucas, Clerk of rent section, MCH, Secunderabad Division. The said notice died its natural death as it was served on this defendant on 3rd April, 1986, which is infructuous ,this defendant received the said notice dt.18-02-1986,on 03-04-1986and after having gone through the contents therein, this defendant has paid the arrears of rents and the sale price through two banker cheques bearing No. BC/B-0612976, dt. 29-04-1986 and BC/B-0612977 dt. 29-04-1986 and the same have been accepted and acknowledged by the MCH authorities. In spite of this, the MCH/defendant No.2 attempted to dispossess the defendant No.1 herein from the suit premises on 09-05-1986 but was resisted by this d