SYED ALE MOSSA RASSA Vs. RAZIA BEGUM

JUDGEMENT

(1.) The unsuccessful plaintiffs in O.S. No. 164/76 are the appellants in the appeal. During the pendency of the appeal, some of the plaintiffs as well as defendants in the suit died and their legal representatives are brought on record. For the sake of convenience, the parties are referred to as the plaintiff and defendants.

(2.) Briefly stated, the facts are as under : The father of plaintiffs, late Syed Shah Abdul Khader, was the pattedar and landlord of land in S. No. 129/55 (old), New Survey No. 165, situated at Kancha Tattikhana Sivar, village Shaikpet, Hyderabad Urban Taluq, admeasuring Ac. 3-65 guntas. The patta was transferred by Sarfekhas Mubarak on 25th Azur, 1340 Fasli. Syed Shah Abdul Khader executed a registered settlement deed dated 10th Aban. 1347 Fasli in favour of his wife Fatima Sogra, the mother of the plaintiffs. The said Fatima Sogra has been in continuous and exclusive possession of the same till she died on 24/07/1973. On the death of the Fatima Sogra in 1973, the property devolved upon the plaintiffs who are her children.

(3.) The 1st defendant occupied an extent of 2180 sq. yards out of Ac. 3-26 grants in the year 1964 and raised construction. Though the plaintiffs asked the 1st defendant not to proceed with the construction and demolish the same, their request was not complied with. Hence, the plaintiffs filed the suit for the relief of recovery of possession of the suit land. The suit was originally filed against the 1st defendant alone.