1. Defendant Nos.13 to 24 in O.S.No.162 of 1988 on the file of the Subordinate Judge, Karimnagar filed A.S.No.1490 of 1996 and defendant Nos.1 to 4 in O.S.No.162 of 1988 filed A.S.No.1582 of 1997, challenging the degree and judgment dated 13.02.1996 where under plaintiff No.1 is declared as distant kindred of late Abdulla Bin Musallam, who was the pattadar of the suit land and plaintiff Nos.3 to 7 are declared as owners and possessors of the suit schedule land being purchasers from defendant No. 5, 6 and 8 to 11.

2. For convenience of reference, the ranks given to the parties in O.S.No.162 of 1988 before Subordinate Judge, Karimnagar, will be adopted throughout the judgment.

3. Plaintiff Nos.1 and 2 filed the suit for declaration that plaintiff No.1 is the heir of late Abdulla Bin Musallam, who was pattadar of suit schedule property, being the nearest distant kindred under the Muslim Law (Sunni) and Plaintiff Nos.3 to 7 as owner and possessors of the suit land and for grant of perpetual injunction restraining defendant Nos.1 to 4 from interfering with the possession and enjoyment of the suit schedule property by the plaintiffs alleging that late Abdulla S/o Musallam was the pattadar, owner and possessor of the agricultural land, which is more fully described in the schedule annexed to the plaint, situated at Reekurthi Village of Karimnagar Mandal and District, during his last days the said Abdulla Bin Musallam became imbecile and was not in a position to carry on agricultural operations nor he was not in a position even to attend his day-to-day affairs. He was admitted in mental hospital at Hyderabad, during his treatment in mental hospital, plaintiff No.2 was looking after and managing the estate of late Abdulla Bin Musallam.

4. Abdulla Bin Musallam died unmarried leaving no lenial descendant or residuaries to inherit his estate under Muslim Law. However, plaintiff No.2 continued in management of the entire estate of late Abdulla Bin Musallam and he has been paying land revenue on behalf of plaintiff No.1 as his distant kindred. Defendant Nos.5 to 11 claimed to be the nearest heirs of late Abdulla Bin Musallam, they are widow and children of Ali, have executed registered sale deeds in favour of plaintiff Nos.3 to 7, who in turn become the owners and possessors of the suit land. Thus, plaintiff No.1 is the distant kindred and nearest relative of late Abdulla Bin Musallam and plaintiff Nos.3 to 7 being the purchasers of the suit schedule property from defendant Nos.5 to 11 became owners of the suit schedule land and they are in possession and enjoyment of the schedule property from the date of their purchase.

5. Late Abdulla Bin Musallam had only one brother by name Ali, who pre-deceased to late Abdulla Bin Musallam, leaving behind his wife and children, therefore, they are legal heirs and excluded from succession.

a. Plaintiff No.1 is the great grand son of Mohasina Bee W/o.Shaik Abdul Rahman, who was paternal aunt of late Abdulla Bin Musallam. Consequently, plaintiff No.1, who is the nearest living distant kindred to the exclusion of remoter and as such he is entitled to claim rights in the estate of late Abdulla Bin Musallam.

b. While the matter stood thus, plaintiffs came to know about issue of proceedings initiated by defendant No.1 under the Andhra Pradesh Escheats and Bona Vacantia Act, 1974 (for short, ‘the A.P. Act of 1974) or under Section 60 of A.P.(T.A.) Land Revenue Act.

c. In pursuance of the alleged proceedings, defendant No.3 issued memo bearing No.B1/2910 dated 02.07.1988 in pursuance of defendant No.1’s proceedings No.B6/3074/87 dated 29.05.1987 directed defendant No.4 to take possession of the entire agricultural lands ie., suit schedule property of late Abdulla Bin Musallam.

6. The plaintiffs on coming to know about the alleged fact of taking possession of the property approached this Court by filing W.P.No.10179 of 1988. While disposing of the said writ petition by order dated 08.07.1988, this Court was pl