NARHAR RAJ Vs. TIRUPATHYBIBI ALIAS SHARADADEVI

JUDGEMENT

(1.) In this regular appeal filed against the judgment and decree in O.S.No.112 of 1984, dated 10-7-1984 passed by the Court of the Additional Chief Judge-cum-I Additional Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad, the plaintiffs are the appellants. The suit was filed for declaration and injunction in relation to the open land admeasuring Acs.5.00 with compound wall known as Narayan Bagh bearing Municipal No.18-9-30, Chandrayana Gutta, Keshavagiri, Bandlaguda village. The suit was disposed of by the trial Court observing that the suit as laid for declaration and injunction is not maintainable and that the plaintiffs ought to have filed the suit for declaration of their title to the suit property.

(2.) The appeal raises two questions: (1) Whether the suit for negative declaration that defendants 1 and 2 (respondents 1 and 2 herein) have no interest, claim or right either joint or otherwise as to ownership and/or possession of the suit schedule property? and (2) Whether the earlier litigation between the parties as well as litigation in relation to the property is conclusive that defendants 1 and 2 have no right joint or otherwise as to ownership and/or possession over the suit schedule property?These questions can be considered after briefly referring to the pleadings, evidence on record and the judgment of the trial Court.

(3.) FACTS IN BRIEF The parties are referred to herein by their status in the suit. The ancestor of the plaintiffs is one Raja Narahari Prasad who died in 1878 A.D. He had lot of properties given to him as a Crown grant as well as other family properties which were not Crown grant. He had two sons, Raja Giridihari Prasad alias Bansi Raja and Khoob Chand. The first son of Raja Narahari Prasad died in 1896 A.D. leaving behind three sons.The other son of Raja Narahari Prasad had four sons. The genealogy chart below will reveal the relationship between the parties. <FRM>Narhari Prasad (died about 1299 H - About 1878 AD) | _________________________________________________________________ I| RajaGiridhari Prasad @ Bansi Raja(died about 1896 AD) Khoob Chand (predeceased Narhari Prasad and died about |1878 AD) |__________________________ ___________________ | | |Ganesh Madhav Sri Prasad @ Parameswari Keshav Prasad Raja Narsing Raj Raja Mahboob RajPrasadPrasad Sri Raja Prasad Bahadur _____________________________________| ________________|| || | | | Giridhar Raj| JanakrajVishweswarrajGunnubibi (wife) | | | | | (pf..No.2) Claimed to have had a daughter Narrhar Raj Shamraj Ramraj | SoubhagyavatiPyarobibi (pf. No.1) |(D.3) Indiradevi|(pf.No.6) | (D.4)||Tirapthibibi(D.1) | _____________________________________| _______________________Karan Raj (D.2) Amarkantraj AshokrajDilipraj | | (pf. No.3) (pf.No.4)(pf.No.5)AnooprajSwaroopraj (pf.No.7)(pf.No.8) + 2 daughters</FRM>