ANDALU Vs. K. SATYAVATHI

JUDGEMENT

(1.) The legal representatives of the 1st defendant in O.S.No.2200 of 1985 on the file of the learned XIII Junior Civil Judge, City Civil Court, Hyderabad are the appellants. The deceased-1st respondent and the 2nd respondent herein filed the suit against one Sri G.Jangaiah, who is since dead and represented by the appellants, and Sri Azeezuddin, 8th respondent for the relief of perpetual injunction in respect of the suit schedule property, admeasuring 8055 square yards. They pleaded that the suit property was initially purchased by one Sri Gogul Chand from the Regional Commissioner of Evacuee Property in an auction in the year 1960 and that a sale certificate was issued in 1964 marked as Ex.A.3. The said land was said to have been sold in favour of Madan Mohan Rao, husband of the 1st respondent and the father of the 2nd respondent under Ex.A.6 in the year 1962. Possession of the property was said to have been delivered to him by competent authority. Reference was also made to an order of attachment obtained for the said property by one Mr.Dwarakadas in E.P.No.53 of 1962 in the Court of II Additional Chief Judge, City Civil Court, Hyderbaad in O.S.No.53 of 1962 and to an application filed under Rule 58 of Order 21 C.P.C. by Madan Mohan Rao, in which his title was declared. They alleged that the defendants in the suit tried to interfere with their possession.

(2.) Jangaiah alone contested the suit and Azeezuddin remained ex parte. It was pleaded that the suit schedule property is not in Survey Nos.294/1 to 12 and on the other hand it is in Survey No.205/3. He claimed title and possession to the land through Exs.B.1 and B.2. He alleged that respondents 1 and 2 were never in possession of the suit schedule property and that they do not have any title.

(3.) Through his judgment, dated 26.11.1998, the trial Court dismissed the suit. Aggrieved thereby, the respondents herein filed A.S.No.457 of 1998. The appeal was allowed through its judgment, dated 12.12.2003. Hence, this second appeal.