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2022 Supreme(Telangana) 399

P. NAVEEN RAO, G. RADHA RANI
Mohammed Mujtaba Ali S/o. Late Dr. Mohammed Quasim Ali – Appellant
Versus
Mohammed Murtaza Ali, S/o. Late Dr. Mohammed Quasim Ali – Respondent


JUDGMENT :

G. Radha Rani , J.

This appeal is filed by the appellants-defendants No.6 and 8 aggrieved by the judgment and decree dated 15.06.2016 passed in O.S. No.19 of 2003 by the IX Additional Chief Judge, City Civil Court, Hyderabad.

2. The parties are hereinafter referred to as arrayed before the trial Court.

3. The plaintiff filed a suit for partition and separate possession as party-in-person submitting that his father late Dr.Mohd. Quasim Ali was a retired Civil Surgeon, he expired on 28.03.1989. His father was the owner and possessor of properties bearing MCH Nos.13-3-994/1, situated at Malakpet Hyderabad, described as schedule ‘A’ properties and properties bearing MCH No.3-2-739 to 3-2-744, situated at Chappal Bazar, Hyderabad, described as ‘B’ schedule properties in the plaint, leaving behind him, his wife Smt. Tayyaba Begum, the plaintiff and the defendants. Their mother Smt. Tayyaba Begum also passed away on 25.02.1994. During his lifetime, the father of the plaintiff permitted the 2nd defendant to collect the rents from the tenants in respect of ‘B’ schedule properties situated at Chappal Bazar and to hand over the said rents to him. Even after the demise of Dr. Mohd.Quasi

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