IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA DATE: 06.03.2026 Between:

Sri Mir Zahid Ali Kamil & others … Appellants.

AND State of Andhra Pradesh & others … Respondents

ORDER:

Heard Sri J.Prabhakar, learned counsel for the appellants and learned Government Pleader for appeals for respondents.

This Civil Court Appeal is filed against the judgment and decree dated 31.12.1999 passed in O.S.No.36 of 1991 on the file of the V Senior Civil Judge, City Civil Court, Hyderabad, wherein was suit filed by the plaintiffs seeking declaration of title and consequential relief in respect of the suit schedule property.

2. For the sake of convenience, the parties hereinafter will be referred to as they were arrayed before the trial Court.

3. The brief facts of the case are that plaintiffs claiming joint owners and possessors of the suit schedule land admeasuring 5000 sq.yards in old Sy.No.44, Bagh Amberpet, in the compound of appurtenant land house No.12-11-1595, near Adikmet, Hyderabad, however the defendants are disputing the same. Plaintiffs claimed that they have succeeded the property from their ancestors i.e., Late Abdul Samad who was the absolute owner and possessor of the land in Sy Nos.44 and 45, Bagh Amberpet Village, admeasuring 18 acres 32 Guntas and 1 acre 32 guntas respectively having purchased the same from one Sri Erkal Raja Shankeriah through registered sale deed Document No.132, 24^th Aban, 1329 Fasli and since then Sri Abdul Samand was in the possession and enjoyment of the entire land till his death i.e., in the year 1943 and the said property was inherited by plaintiffs’ mother.

4. Further, it is the case of the plaintiffs that the suit schedule property is part and parcel of the land appurtenant to the residential bungalow of the plaintiffs bearing Nos.12-11-1595 and the said lands belong to in Sy.Nos.44 and 45 and that after the said purchase there was a re-survey during the year 1964 to 1969, and the Government tried to interfere with the possession by claiming that it is Government land compromise in Sy Nos.71 and 72 of Zamistanpur.

5. The case of the Government-defendant is that the suit schedule property is a Government land bearing T.S.No.14 Ward-144 Block, ‘N’ Corresponding to Revenue Survey No.71/5 of Amberpet Village, admeasuring 3408 square meter, out of the said land an extent of 2382 sq.meter is covered by road and the remaining extent of 1026 sq.yards has been handed over to Tribal Welfare Department for construction of Tribal Welfare Hostel building under a panchanama dated 21.01.1989 as per the order of the District Collector, Hyderabad. 6. Basing on the pleadings of both the parties, the learned trial Court has framed the following issues for consideration:

“1. Whether the plaintiffs are entitled for the relief of declaration of title in respect of the suit schedule property as prayed for?

2.Whether the plaintiffs are entitled for perpetual injunction as prayed for?

3. To what relief?”

7. During the course of the enquiry, to prove the case of the plaintiff, the plaintiff No.3 has got examined PW No.1 and marked Ex.A1 and A2. On behalf of the defendants representing the State, the concerned Mandal Revenue officer is examined as DW.1 and Dy.Director, Survey and Land Records as DW.2 and Ex.B1 toB5 were marked.

8. After considering the entire evidence placed and after going into the merits of the case, the learned trial Court dismissed the suit and observed that evidence adduced on behalf of the plaintiffs is wholly insufficient to prove the right, title and possession in or over the suit schedule property, whereas the evidence of DW.1 and 2 coupled with the contents of Ex.B.1 to B.5 clearly establish that the suit schedule land is Government land in which the plaintiffs or their predecessor-in interest have no right, title or interest at any point of time.

9. Being aggrieved by the said order, the present appeal is filed by the appellants on the following amount th