MD SAMIUDDIN Vs. SUSHILABAI

JUDGEMENT

(1.) The appellants have challenged the legality of order dated 16.12.2016, passed by the Additional Senior Civil Judge & CJM, Bidar, whereby the learned Civil Court has rejected the suit filed by the appellants for declaration and perpetual injunction.

(2.) The brief facts of the case are that the appellants-plaintiffs claim to be the absolute owners, in possession, of land bearing survey Nos.64/A and 64/2 ad-measuring 10 acres 2 guntas in Aliyabad village, (Shivanagar North), Bidar. According to the appellantsplaintiffs, they are in possession as Inamadars of suit properties. After the abolition of Inams by virtue of Hyderabad Inams and Cash Grant Act, 1954 ('the Act', for short), all the Inam lands were vested with the Government. Furthermore, the appellants-plaintiffs had filed an application for re-grant of the suit lands to them.

(3.) After hearing the parties, by order dated 30.09.2003, the Deputy Commissioner, Bidar, granted the occupancy rights in favour of the appellants in respect of the suit properties. However, subsequently, the defendants started interfering with the possession and even denied the appellants' title to the suit properties. Therefore, the appellants filed the present suit for perpetual injunction and declaration.