1. This appeal is preferred against judgment dated 19-1-2009 in A.S.No.332 of 2007 on the file of Chief Judge, City Civil Court, Hyderabad whereunder judgment dated 29-1-2007 in O.S.No.3459 of 2004 on the file of V Additional Junior Civil Judge, City Civil Court, Hyderabad, is reversed. Appellant herein is the defendant and respondent herein is plaintiff in O.S.No.3459 of 2004. Brief facts leading to this appeal are as follows:

Plaintiff filed above referred suit for declaration that he is owner of site admeasuring Ac.9.5 square yards situated at Ameerpet, Hyderabad, which is shown as plaint schedule and for other consequential reliefs.

According to plaintiff, his father acquired plaint schedule property and some other properties and died in the year 1973 leaving behind him, his wife and five sons including the plaintiff. Thereafter, separate gift deeds were executed and the plaintiff took major share while plaintiff and other brothers were given small shop. When the plaintiff lost some portion of property in road widening of MCH, his mother agreed to provide the suit schedule property to him as it was appurtenant to the premises bearing No.7-1-166,1661/1 and 153 belongin