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1957 Supreme(AP) 78

JAGANMOHAN REDDY, QAMAR HASAN, KUMARAYYA
Sarkar-E-Aali Zaria Nazim – Appellant
Versus
Athar – Respondent


Advocates:
Vinayak Rao Vaidya, for Appellant; Jalil Ahmed, for Respondent.

JUDGMENT

Qamar Hasan, J.

This is an appeal on behalf of the Director of Endowments against the judgment and decree dated 27th Bahman 1357F., of the First Judge, City Civil Court, awarding the Respondent the possession of mulgi bearing Municipal No. 6545/6546 situate in Maharaj Gunj, Hyderabad, and mesne profits amounting to O. S. Rs. 960/- and future mesne profits at the rate of Rs. 10/- per mensem till the date of the recovery of possession.

2. The Respondent's case, as set up in the plaint was that the muggy in disguise was mortgaged possessorily with one Zanuruddin in the year 1300F., on whose death the mortgagee's right devolved on his brother Waziruddin. On the hitter's death, in a suit brought for the distribution of his assets the indulge in question fell to the share of Mahbub Begum. Mahbub Begum in her turn sold it to the Respondent on 8th Tnir J.344F., by a registered sale-deed (page 13 of the printed copy).

One Mahbub Ali attached the muigi in execution of his decree in 1346- with the result that objection petitions were filed not only by the Respondent but also by one Bhikamdas. The objection filed by Bhikamdas was allowed and the Respondent withdrew the petition with, libe

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