THE HONOURABLE DR. JUSTICE G. RADHA RANI C.C.C.A.No.169 of 1994

JUDGMENT:

This appeal is preferred by the plaintiff aggrieved by the judgment and decree dated 21.02.1994 passed by the learned V Additional Judge, City Civil Court, Hyderabad in O.S.No.531 of 1982 for dismissing the suit filed by her seeking the relief of recovery of possession of the suit schedule property.

2. The suit schedule property is bearing No.16-2-147/53-54 admeasuring 1776 square yards situated at Akbar Bagh, Malakpet, Hyderabad in Plot Nos.85 and 86, which were subsequently rectified as 285 and 286 in Survey No.107 (old) (New Survey No.134). The respondents 1 to 3 were alleged to be the owners of plot Nos.238, 255 and 256 admeasuring 730 square yards in old Survey No.107 corresponding to new Survey No.134 in Malakpet, Hyderabad purchased in the name of respondent No.2. The respondents 1 to 3 belonged to one family. The respondent No.4 is alleged to be the owner of plot No.237 admeasuring 230 square yards.

3. The appellant No.1 died after filing the appeal and her sons were brought on record as appellants 2 to 6. The appellant No.2 died during the pendency of the appeal and his LRs were brought on record as appellants 7 and 8. The appellant No.5 also died and his LRs were brought on record as appellants 9 to 11. The appeal was initially filed against respondents 1 to 4. The same was abated against respondents / defendants 1, 2 and 4. The respondent No.2 was the wife of respondent No.1. The respondent No.3 was the son of respondents 1 and 2. The respondent No.4 was not connected with the family of respondents 1 to 3. On the death of respondents 1 and 2, the other sons of respondents 1 and 2 were brought on record as respondents 5 to 7. The respondent No.4 died and her LR was brought on record as respondent No.8. The respondent No.6, another son of respondents 1 and 2 died and his LRs were brought on record as respondents 9 to 11. The respondent No.3 died and his LRs were brought on record as respondents 12 to 14.

4. The facts of the case in brief are that the appellant - plaintiff filed O.S.No.4219 of 1978 initially against respondents 1 and 2 alone on the file of the learned VI Assistant Judge, City Civil Court, Hyderabad for delivery of the suit schedule property after ejecting the respondents 1and 2 there from. Later, the suit was transferred to the learned V Additional Judge, City Civil Court, Hyderabad and was re-numbered as O.S.No.531 of 1982.

5. The parties are herein after referred to as plaintiff and defendants.

6. As per the plaint averments, the plaintiff contended that she purchased an open land admeasuring 1776 square yards in Plot Nos.85 and 86, which were subsequently rectified as 285 and 286 in Survey No.107 (old) (New Survey No.134) from one Smt.Akbarunnisa Begum, D/o. late Nawab Huzur Yar Jung under a registered sale deed dated 21.08.1965 for a sum of Rs.2,000/-. After purchase, the vacant possession of the plots was delivered to the plaintiff by her vendor. The plaintiff obtained permission from the Municipal Corporation of Hyderabad (for short “MCH”) for construction of shed in the open land and constructed a temporary shed. The plaintiff's vendor’s father late Nawab Huzur Yar Jung purchased Survey No.107 (old) known as Akbar Bagh in the auction conducted by the High Court in execution of a decree. An objection petition was filed by Sarf-e-khas with regard to the ownership and possession of the said property and the same was dismissed by the High Court in its original jurisdiction in Case No.89/2 of 1334 Fasli. Subsequent to the dismissal of claim petition, the High Court in its original jurisdiction in Case No.109/1953-54 vide judgment dated 31.08.1954 declared the plaintiff’s vendor as absolute owner of the land and delivered possession to the plaintiff. The plaintiff’s vendor paid land revenue as per the Dharakha to the Tahsil, Hyderabad (West), which was entered in Kirdi No.200, page No.303. Subsequently Survey NfFo.107 (old) was divi