JUDGMENT :

Abhay Manohar Sapre, J.

1) This appeal is filed against the final judgment and order dated 06.09.2005 of the High Court of Judicature, Andhra Pradesh at Hyderabad in Civil Revision Petition No. 5228 of 2002 whereby the High Court allowed the revision petition filed by the respondents herein and set aside the judgment dated 17.09.2002 passed by the Additional Chief Judge, City Small Causes Court, Hyderabad in R.A. No. 93 of 1998 and restored the judgment dated 31.12.1997 passed by the Principal Rent Controller Secunderabad in R.C. No. 165 of 1993.

2) In order to appreciate the issue involved in this appeal, which lies in a narrow compass, it is necessary to set out the relevant facts in brief infra.

3) The premises bearing No. 9-3-692 to 694, Regimental Bazar, Secunderabad (hereinafter referred to as “suit premises” was purchased jointly by the predecessors of the appellants herein under a registered sale deed dated 28.07.1904 from Sirigiri Yellaiah, and others, which they sold in discharge of pre-existing mortgage debt to avoid court attachment in O.S. No. 178 of 1900 on the file of the District Court. Since the date of sale, the respondents’ predecessors continued to occupy