JUDGMENT

1. This civil revision petition is filed under Sec. 115 of the Code of Civil Procedure, 1908 (for short "the CPC") against the judgment and decree passed in O.S.No.451 of 2009, dtd. 31/3/2017, by the learned XIV Additional Chief Judge, (F.T.C.).

2. Heard Sri Suresh Shiv Sagar, learned counsel for the petitionersdefendants and Sri Mohd.Osman Shaheed, learned counsel for the respondents-plaintiffs. Perused the record.

3. During the pendency of revision, petitioner No.1/defendant No.1 died, his legal representatives were brought on record as petitioner Nos.4 to 7.

4. The parties hereinafter referred to as the plaintiffs and defendants as arrayed in the suit before the trial Court.

5. The respondents-plaintiffs filed the main suit for recovery of possession under Sec. 6 of the Specific Relief Act, 1963 (for short "the Act") against the petitioners-defendants in respect of the suit schedule property bearing M.C.No.14/8/385/2/1, admeasuring 260 square yards situated at Jummerat Bazaar, Hyderabad (hereinafter referred to as the "suit property"). It is averred in the plaint that husband of plaintiff No.1 and his brother by name Kunwar Singh jointly purchased the suit property comprising of one room and a compound wall from one Smt.Devi Rani, D/o.Laxmi Bai, under registered sale deed dtd. 13/12/1976 for a valid consideration and possession was also delivered to them. The husband of plaintiff No1 was looking after the suit property and leased out the same to one Ranbir Singh on monthly rent of Rs.500.00 on 22/12/1979 in order to keep Auto Rickshaw and cycle rickshaws. Thereafter, a dispute arose between the husband of plaintiff No.1 and his brother and settled at the intervention of elders. Pursuant to the said compromise, the elder brother of husband of plaintiff No.1 executed a gift settlement deed in favour of husband of plaintiff No.1 on 19/3/2009. The husband of plaintiff No.1 noticed that defendant Nos.1 to 3 who are no way concerned with the suit property started illegal construction from 1/2/2009 on a portion of the suit property and he immediately lodged complaint with the Assistant City Planner, Town Planning Sec., Circle VI, Hyderabad requesting him to stop the unauthorized construction marking copies to the Deputy Municipal Commissioner, GHMC Sardar Mahal etc., Even then, no action has been initiated by the authorities concerned. Plaintiff No.1 filed WP.No.8061 of 2009 before this Court and the same was allowed vide order dtd. 20/4/2009 directing the Assistant City Planner to act in accordance with law on the complaints filed by the husband of plaintiff No.1 as noted.

6. It is also averred that the authorities concerned have not taken action on the said orders. The defendants dispossessed the plaintiffs on 1/2/2009 illegally under protest. Hence, the plaintiffs filed the present suit.

7. Defendants filed written statement denying the allegations made in the plaint and further submit that their mother Smt.Devi Rani D/o.Smt.Lakshmi Bai had acquired house plot admeasuring 540 square yards bearing Municipal No.14/8/385/2 under registered a sale deed vide document No.1353/1975, dtd. 7/4/1975 from one Sri Sunder Singh S/o.Hannu Singh and since then their mother has been in possession and enjoyment of the property without interruption from anybody. After demise of their mother, they have partitioned the said property and under the said partition, the southern part of the building bearing No.14/8/385/2 admeasuring 176.40 square yards allotted to defendant No.1, northern part of the property admeasuring 176.40 square yards allotted to defendant No.2 and middle part of the property admeasuring 176.40 square yards allotted to defendant No.3. Since then, the defendants have been possession and enjoyment of their respective portions allotted as per registered partition deed bearing No.472/2009, dtd. 20/2/2009.

8. It is further submitted that the suit property was purchased by the mother of the defendants and she never sold any pa