THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CITY CIVIL COURT APPEAL No.42 OF 2024 JUDGMENT: (Per Hon’ble Smt. Justice Tirumala Devi Eada)

This is an appeal filed by the appellant being aggrieved by the judgment and decree, dated 07.11.2023, passed in O.S.No.07 of 2016 by the learned XIV Additional Chief Judge, City Civil Court, Hyderabad (for short “the trial Court”).

2. The appellant herein is the defendant No.2, respondent Nos.1 to 9 are the plaintiffs and respondent No.10 is the defendant No.1 before the trial Court. The parties herein are referred to as they were arrayed in the suit before the trial Court for the sake of convenience and clarity.

3. The case of the plaintiffs before the trial Court is that they obtained rights and ownership over the suit schedule property by virtue of inheritance. It is their case that the plaintiffs grandmother Zohra Begum was the original owner and pattedar of land admeasuring Ac.177-00 gts., in survey No.162 (old) and survey No.10 and 6/2, situated at Mallepally village, West Taluq. That the said Zohra Begum has obtained the rights of ownership through her husband Mehdi Mirza Khan, who inherited the rights from his father namely Sufdar Mirza Khan, the then Jagirdar of Mallepally.

4. It is their further case that Zohra Begum is the daughter of Hasan Ali Mirza who left behind viz., Ahmed Ali Mirza and 4 daughters i.e. Zohra Begum, Taheraunnisa Begum, Sogra Begum and Sherar Begum and Zohra Begum is the eldest daughter while the other three were minors, to succeed the Jagir and private estates belonging to him. After the death of Hasan Ali Mirza, the entire jagir and part of the self acquired properties were taken over by the Court of Wards and was under the supervision of Nizam-e-Atiyat of the then Sarfekhas Government. When the matter stood thus, the CIB the predecessor of A.P. Housing Board requested the H.E.H Nizam and got the agricultural lands converted into non-agricultural lands and acquired the same for the construction of A, B and C type class houses.

5. It is the further case of the plaintiffs that Mehdi Ali Mirza died during the life time of Hassan Ali Mirza. When the private estate of Mehdi Ali Mirza and Mallepally Jagir was under the custody of Court of Wards, the successors of late Hassan Ali Mirza namely Abbas Ali Mirza and Ahmed Ali Mirza, after attaining majority applied for grant of patta-5 in their names. The Court of Wards instructed to file a joint compromise from all the share holders of private estate as Zohra Begum had a major share of 203 Acres and thus, a compromise was entered on 17th Mehar 1344 Fasli vide file No.65/149, wherein other share holders relinquished their claim in the lands situated behind third lancer at Mallepally in favour of Zohra Begum. At that relevant time, there were domestic disputes among the above named successors, thus, Zohra Begum filed O.S.No.83/1 of 1352 Falsi (1942 AD) which has ended in compromise on 07.09.1950. In the said suit, the Court of Wards was also on record and in pursuance of the above compromise, the properties were released to all share holders and that the Survey Inspector of LR Section, Hyderabad West had fixed the boundaries on Ac.177-03 guntas of land belonging to Zohra Begum by conducting panchanama and after thorough examination, Secretary, Revenue Sarfekhas addressed a letter to the Collector to implement patta in the names of respective share holders. Accordingly, his order was complied with, thereafter a Sethwar was prepared in the name of Zohra Begum. Out of 203 acres, Zohra Begum had sold part of the patta land and retained Ac.177-03 guntas for herself. Out of which an extent of 15 acres was leased out by her to Chirag Ali, Afzal Hussain Abidi and Butchia who were paying Nuzool to Zohra Begum. Subsequently, the Hyderabad Army shifted from Gosha Mahal to Mallepally and started using the vacant open land without any right or authority. Thus, Zohra Begum complained