SYED KHUNDMIR Vs. A P HOUSING BOARD HYDERABAD

JUDGEMENT

(1.) This L.P.A. was filed against the judgment and decree passed by the Learned Single Judge in C.C.CANo. 147 of 1987, dated 4-12-2001 confirming the judgment of the trial court in O.S.No.400 of 1983, dated 30-7-1987 dismissing the suit filed by the plaintiff-appellant herein seeking for a declaration that he is the owner of the suit schedule property and accordingly sought for a consequential injunction restraining the 1st defendant-1 st respondent AP Housing Board from interfering with his possession.

(2.) Both the Courts below concurrently held that the plain tiff appellant miserably failed to establish his title to the suit schedule property and accordingly dismissed the suit. Hence, the present L.P.A.

(3.) Initially, Mr. Vilas V. Afzulpurkar appearing for the appellant strenuously contended that the suit schedule property is separated by a road from the land acquired for construction of houses by the A. P. Housing Board without proper identification of the lands with regard to its boundaries, both the Courts below erred in dismissing the suit. Having suspected the genuineness of the sale deed produced by him under which the appellant, alleged to have purchased an extent of 4100 square yards from one Abdul Rasheed in the year 1973 and having sold the land in bits to others, retained 500 square yards for his own use and the AP Housing Board is trying to encroach upon his land. On a perusal of the deed under which he alleged to have purchased the property, we noticed that no survey number or town survey number was mentioned in the sale deed. Secondly while the acquisition is of the year 1963, he alleged to have purchased in 1971, by which time the Housing Board would have developed the entire land and as such the question of encroaching upon the land of the appellant by the A.P. Housing Board may not arise. Suspecting the bona fides of the claim made by the plaintiff-appellant, by order dated 27-8- 2003, we called for the following information: