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2025 Supreme(Online)(Tel) 72490

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE K. SUJANA
M.Rajeshwara Rao – Appellant
Versus
Baba Balkishan Das (died) – Respondent


THE HONOURABLE SMT. JUSTICE K. SUJANA

JUDGMENT:

Challenging the judgment and decree dated 15.11.2016 passed in O.S.No.803 of 2008 by the learned VIII Additional District Judge, Ranga Reddy District at L.B. Nagar, the present Appeal Suit is filed.

2. The brief facts of the case are that the plaintiffs, legal heirs of late Baba Govind Das, filed a suit seeking declaration of absolute ownership over the suit schedule property measuring Ac.2-08 guntas at Temple Alwal, Malkajgiri Mandal, and for cancellation of the sale deed dated 25.06.1985 executed by defendant No.2 in favour of defendant No.1, as null and void. They also sought recovery of possession. The plaintiffs claimed that the property was originally gifted to Baba Govind Das in 1341 Fasli and, after his death, devolved upon his son Baba Lakshman Das and thereafter upon the plaintiffs. The plaintiffs alleged that defendant No.2 was only a lessee paying Nuzul rents till 1985, and they came to know in July 2005 that defendant No.2 had sold the property to defendant No.1 without title.

3. On the other hand, defendant No.1 contested the suit, while defendant No.2 remained ex parte. Defendant No.1 denied the plaintiffs’ ownership and

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