M PURNACHANDER RAO Vs. SRI NAWAB MAZAHARUDDIN KHAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order dated 26.04.2005 of the High Court of Andhra Pradesh at Hyderabad in O.S.A. (SR) No. 1900 of 2005 in and by which the Division Bench dismissed the said appeal on the ground of limitation. The appellant preferred O.S.A. before the Division Bench of the High Court under clause 15 of the Letters Patent against the order of the Single Judge dated 26.12.2003 in Application No. 1409 of 2003 in C.S. No. 7 of 1958.

(3.) According to the appellant, he purchased an extent of 4 acres of agricultural land situated in Sy. No. 46 of Raidurg Paigah Village, Serilingampally Mandal, R.R. District, Andhra Pradesh under a registered sale deed dated 11.10.1996. The appellants title flows from Sri Mala Ramulu and others who have purchased land under a registered sale deed dated 12.11.1962 from Sri Waliullah Hussaini. The said Sri Waliullah Hussaini derives title from his father Late Sri Moulvi Syed Akbar Hussaini. Late Sri Moulvi Syed Akbar Hussaini was given four villages by the then Paigah under the Nizam Rule somewhere in the beginning of the century. The said Late Sri Moulvi Syed Akbar Hussaini, who was the estate holder, died in the year 1923. He was survived by his wife, three sons and four daughters. After his death, the Court of Wards (Revenue Department, constituted under the Hyderabad District Court of Wards Act, took custody of the property of Late Sri Moulvi Syed Akbar Hussaini. The Court of Wards will take custody of the property only if it is a private property. The land in Patta Raidurg was also taken over by the Court of Wards after the death of Sri Moulvi Syed Akbar Hussaini. In 1925, there was a compromise between the legal heirs of late Sri Moulvi Syed Akbar Hussaini. The properties located in Yenkapally Maqta and Patta Raidurg were allotted to Sri Waliullah Hussaini and other sisters and brothers and Maqta Karimnagar was allotted to other members of the family. After the compromise, the other shareholders sold away their rights in favour of Waliullah Hussaini and two minors, namely, Sri Syed Akbar Nizamuddin and Sri Syed Aminuddin Hussaini, under registered sale deeds.