AHMED NIZAMUDDIN Vs. MOHD. GHAZIUDDIN HASAN

JUDGEMENT

(1.) This appeal is filed by the 1st defendant in O.S.No.347 of 2004 on the file of the IX Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad against the judgment and decree dated 30-08-2010. For the sake of convenience, the parties are referred to, as arrayed in the suit.

(2.) The plaintiffs filed the suit for the relief of, a) declaration that the plaintiffs alone are the owners of the suit schedule property of 830 sq.yards in T.S.No.1; b) recovery of possession thereof from the defendant No.1; c) direction to the respondent No.8 herein (defendant No.4) to correct the entries in town survey land record, in such a way that the names of Nawab Nazir Yar Jung and those of the plaintiffs are shown in the possession column in respect of land in TSLR No.1 and Sy.No.129/70 of Shaikpet Village; and d) mandatory injunction requiring the defendant No.1 to remove unauthorized and illegal structures put up by him on the said land. Mesne profits were also claimed.

(3.) The case of the plaintiffs was that late Justice Nazir Yar Jung, Judge of the erstwhile Hyderabad High Court, their ancestor, was granted patta in respect of Ac.8.32 guntas of land in Sy.No.120/70 of Shaikpet Village, in the year 1920, and that on his death on 06-07-1966, they have succeeded to the property. According to them, the land in Sy.No.129/70 was assigned in T.S.Nos.1, 2 & 3 in block 'R' of Ward No.11 and T.S.Nos.26, 34 to 42 in Block 'P' of the same Ward in the town survey. It was pleaded that the plaintiffs obtained lay out for the land from Municipal Corporation of Hyderabad on 30-12-1964, and that plot No.1 thereof, which corresponds to T.S.No.1, was shown as a water body in the lay-out since water stagnated thereon, and unfit for construction.