JAYASHREE Vs. KHAJA BEE

JUDGEMENT

(1.) These appeals arising out of same judgment passed in R.A.No.117/2004 dtd. 8/2/2006 by the Additional District Judge (F.T.C.-III), Raichur.

(2.) For the sake of convenience, parties are referred to as per their ranking before the Trial Court. Appellant Nos.1 to 14 in RSA No.634/2006 are defendant Nos.2 to 7 and respondent Nos.1 to 4 are plaintiff Nos.1 to 4. Respondent No.5 is defendant No.1 and respondent No.6 was son of defendant No.2. RSA No.634/2006 is filed by defendant Nos.2 to 7 and RSA No.3404/2006 is filed by defendant No.1.

(3.) Facts giving rise to the filing of these appeals briefly stated are as under: The original plaintiff Sri Gudusab filed the suit for declaration and mandatory injunction for possession of land bearing Paradi No.8/3 measuring 3 guntas situated within the limits of town Sindhanoor. The suit site is an ancestral property of plaintiff. It stood in the name of his father by name Hussain Sab who died about 25 years back. Prior to his death he was in possession and enjoyment of the suit site. After his demise the plaintiff came in possession and enjoyment of suit site as an absolute owner continuously. Previously the suit site was being used for storing haystack and manure, etc. since last fifteen years. It is used for residential purpose by putting up huts and sheds. Before police action which took place in the year 1948, Sindhanoor Town was small in extent and its eastern end was touching the western boundaries of Paradi No.8 and 34, etc. During the erstwhile Hyderabad State under Nizam Regime the Government provided many buildings for market, post office, police station and Tahasil office, etc. Thus the building for market was constructed in some portion of land lying towards west of the suit site which is part of Paradi No.8/4 and 8/5. Building for post office is in Sy.No.768/2, police station and Tahasil office in other surrounding lands. Each building was constructed at far off distance to each other. At that time they were appearing as to have existed in the forest because they were far away from village limit and in between these buildings and the village limit cultivating the lands, trees and shrubs were intervening. After the police action new Government of Hyderabad thought of development of Sindhannor town. For that purpose Government allotted several plots in the lands Sy.No.768/1 and 768/2 for the purpose of shops and buildings to several persons. As the Raichur-Gangavati road is running between the lands Sy.No.768/1 and 768/2 and 768/3, while allotting plot care was taken to keep some space open both sides of the said road giving scope for widening it in future. In due course of time many buildings have come up on the allotted plots and became a central place for business. Considering the developments, the Government widened the Raichur- Gangavati road. Previously the Raichur-Gangavati road was 50 feet in width, which has been extended up to 80 to 100 feet. In view of the development of town, the plaintiff avoided the suit site for use of storing manure, etc. and put up the huts and sheds thereon and rented out to others for business. The plaintiff continued his enjoyment and possession of right continuously and openly right from the period of his fathers demise and before to it, his ancestors.