Article 59 of Limitation Act would be attracted where a document is prima facie valid but where coercion, undue influence, misappropriation or fraud are asserted by plaintiff which require to be proved.

These two appeals arise out of the same suit OS.No.901 of 1981 decided by a judgment and decree dt.31.12.1999 by the IV Senior Civil Judge, City Civil Court, Hyderabad and therefore they are being disposed of by this common judgment.

2. The appellant in CCCA.No.48 of 2000 is the 5th defendant in the above suit and the appellants in CCCA.No.50 of 2000 are defendant nos.11 to 15 in the said suit.

3. Pending appeal, the appellant in CCCA.No.48 of 2000 died and her legal representatives are impleaded vide Order dt.03.04.2001 in CMP.No.6410 of 2001.

4. The 2nd appellant in CCCA.No.50 of 2000 also died and appellant nos.10 to 12 have been impleaded as his legal representatives vide Order dt.07.09.2001 in CMP.No.16528 of 2001.

5. The 2nd respondent in both the appeals died on 28.02.2011 and his legal representatives have been impleaded as respondent nos.17 to 20 in both appeals.

6. The subject matter of the above suits are two connected houses bearing Municipal Nos.19-3-728 (hereinafter referred to as Item no.1 house) and 19-3-731/1 (hereinafter referred to as Item no.2 house) admeasuring 279 Sq.yds. at Bakshigunj, outside Gazibanda, Hyderabad.

7. The above suit was filed by 1st respondent/1st plaintiff in both appeals to (i) declare that she is the absolute owner of these properties; (ii) for recovery of possession thereof from the appellants/defendants; (iii) for past mesne profits of Rs.3,600/- against the person and properties of defendant Nos.1 to 5; (iv) for future mesne profits from 21.08.1981 onwards till date of recovery of possession for these properties at the rate of Rs.100/- per month; (v) to declare the sale deed Ex.B.14 executed by defendant no.1 in favour of his sister defendant no.5 as illegal, null and void and not binding on her; and (vi) costs. The said suit was filed on 20.08.1981. Pending suit she died and her son was impleaded as the 2nd plaintiff.

8. One Smt. Qamarunissa Begum is the wife of Late Syed Akbar Hussain who died on 27.3.1955. Syed Ahmed Hussain is their son. They also had five daughters Hafeezunissa Begum, Kareemunissa Begum, Ayesha Begum, Hazeera Begum and 1st plaintiff Smt. Shamshunissa Begum. Smt. Qamarunissa Begum died on 30.8.1971. Syed Ahmed Hussain died on 28.02.1960. Defendant no.6 is the wife of Syed Ahmed Hussain and defendant nos.7 to 9 are their children.

9. Defendant nos.1 to 4 are the sons of one Syed Basheeruddin and the 5th defendant is their sister.

THE PLAINT :

10. The 1st plaintiffs case was that her mother Smt. Qamarunissa Begum purchased item no. 1 house from one Shaik Ahmed through a sale deed Ex.A.2 dt.14th Ardi Behisht 1350 Fasli (1940) for a sum of Rs.99/- and item no. 2 from one Mohd. Jahangir through sale deed Ex.A.5 dt.29th Dai 1352 Fasli (1942) for Rs.30/-; in October, 1944, Syed Basheeruddin, the father of defendant nos.1 to 4, took both items on lease on a monthly rent of Rs.8/-; the said Syed Basheeruddin died in July, 1959; after his death defendant nos.1 to 4 became her tenants and continued to pay the same rent; after October, 1960 they stopped paying rent; that Smt. Qamarunissa Begum filed RC.No.251/EV/62 under the provisions of the A.P. Building (Lease, Rent and Eviction) Control Act, 1960 for their eviction before the Rent Controller, Hyderabad on the ground of wilful default in payment of rents; that she also filed SC.No.288 of 1963 for recovery of arrears of rent Rs.240/- before the Addl. Judge, City Small Causes Court, Hyderabad against them; defendant nos.1 to 4 compromised the matter with her in SC.No.288 of 1963; compromise memo Ex.A.9 dt.09.07.1963 was filed therein wherein they admitted that she was the owner and landlady, that they were liable to pay Rs.100/- towards arrears of rent and that they had paid Rs.140/- to her on 08.07.1963 out of Court; on the basis of the said compromise, a decree dt.15.07.1963 (Ex.A.10) was passed therein; another compromise Ex.A.11 dt.23.09.1963 was also filed in RC.No.251/EV/1962 wherein defendant nos.1 to 4 admit