JUDGMENT :

1. This second appeal is directed against the judgment and decree dated 06.12.1999 in A.S.No.62 of 1997 on the file of the Court of I Additional District Judge, Ranga Reddy District (for short, ‘lower appellate Court’), wherein and whereby the judgment and decree dated 17.04.1997 in O.S.No.74 of 1978 on the file of the Court of Principal District Munsif, West & South, Ranga Reddy District (for short, ‘trial Court’), was confirmed. The appellants have filed said suit for declaration of title and prohibitory injunction.

2. Originally, appellant Nos.1 to 14 herein filed the suit for declaration of title and to pass restraint order against respondent No.1 herein from imposing and collecting ‘Sivai Jamabandi’ in respect of land admeasuring Ac.84-30 guntas in Sy.No.46, situated at Rayadurg Village (Paigah), Hyderabad West Taluk (hereinafter, it is referred to as ‘suit property’). The trial Court dismissed the said suit vide judgment dated 17.04.1997. Challenging the same, A.S.No.62 of 1997 was filed and the said appeal was also dismissed by the lower appellate Court. Challenging the same, the present second appeal is filed.

3. For the sake of convenience, the parties hereinafter are referred to as they were arrayed in the suit. The word ‘plaintiffs’ includes their successors-in-interest either in the array of plaintiffs or defendants, who are sailing with the original plaintiffs. The words ‘unofficial defendants’ mean and include original private defendants and subsequently impleaded parties, who are sailing with unofficial defendants.

4. The sum and substance of the case of the plaintiffs is that Syed Shah Akbar Hussaini was the absolute owner and possessor of the suit property, which was assigned to him by the Jagirdar. After his death, succession enquiry was conducted by the competent forum. Later, as per the compromise dated 12.03.1924 (1334 Fasli), the suit property was allotted to Waliullah Hussaini, who is one of the sons of Syed Shah Akbar Hussaini. The original plaintiffs have been cultivating the suit property as tenants for the last 20 years prior to filing of the suit by paying amount to Waliullah Hussaini. Later, Waliullah Hussaini agreed to sell the suit property to the original plaintiffs. Accordingly, Waliullah Hussaini obtained permission under proceedings dated 13/18451/61, dated 29.10.1962, for alienation of the suit property under Sections 47 and 48 of the Hyderabad Tenancy and Agricultural Lands Act, 1950. Basing on such permission, Syed Waliullah Hussaini had executed sale deeds in favour of the original plaintiffs in respect of suit property in the year 1962.

5. It is the further case of the plaintiffs that due to mischief of Patwari of the village, penalty was imposed in the year 1951, which was assailed before the District Collector by way of an appeal. The District Collector allowed the appeal on 18.10.1951 and set aside the imposition of penalty. Subsequently, further dispute was raised in respect of the suit property touching the title of the plaintiffs’ predecessor-in-title, for which, the plaintiffs again preferred an appeal to the District Collector. The District Collector, vide order dated 15.10.1954 in Letter No.128/87/54, allowed the appeal in favour of Waliullah Hussaini. In spite of the same, village Patwari again imposed penalty in the form of ‘Sivai Jamabandi’. Challenging imposition of Sivai Jamabandi, an appeal was preferred before the District Collector. The District Collector, in Case No.59/2/54, dated 12.09.1954, allowed the appeal. Later, disputes arose among different persons in respect of suit property. On the directions of Board of Revenue, the District Collector passed order in File No.F3/2486/56, dated 15.03.1968, deciding the suit property as Government land. The plaintiffs were not parties to such proceedings. Later, challenging such order, an appeal was filed before the Board of