SYED MAJIHUDDIN AHMED Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Second Appeal is filed by the plaintiff in O S 3193 of 1983 on the SA No 9 of 90 dt. 11-12-91 file of 9th Assistant Judge, City Civil Court, Hyderabad. He filed the suit for an injunction restraining the defendants 'from interfering with his possession of the suit property in any manner and from putting it to auction for recovery of the amount from the suit property. First defendant is the State of Andhra Pradesh. 2nd defendant is the Managing Director, Small Scale Industries Development Corporation, Hyderabad. 3rd defendant is the Collector, Hyderabad District.

(2.) The plaintiff's case is that he purchased the suit property in the name of his minor son Qumaruddin but he is in possession thereof, that the plaintiff's son installed some machinery therein and he purchased the machinery and that for recovery of the loan amount the 2nd defendant sent a requisition to the 3rd defendant who issued a distraint order under Sec. 8 of the A P. Revenue Recovery Act 3 of 1964. He contended that the above acts of the defendants are illegal as he is the owner of the property.

(3.) The contention of the defendants is that the property belongs to Qumaruddin the son of the plaintiff, that he had obtained a loan from the second defendant on the basis of solvency certificate issued by the Tahsildar of Urban Taluk, Hyderabad and that he is due in a sum of Rs. 1,12,129-03 for recovery of which, proceedings were inititated by the 3rd defendant under the Revenue Recovery Act by attachment and sale of the property.