MAHBOOB BI SAHED Vs. SHAIK ABDUL RAZACK SAHED

JUDGEMENT

(1.) The unsuccessful plaintiffs in O.S. No. 175 of 1985 on the file of the Subordinate Judge, Srikalahasti are the appellants herein.

(2.) For the purpose of convenience the parties, are addressed as plaintiffs and defendants as arrayed in the original suit O.S. 175/1985. The plaintiffs instituted the above suit for a declaration of the plaintiffs' title over the plaint schedule property and for a permanent injunction restraining the defendants and their men from interferring with the plaintiffs' possession and enjoyment of the plaint schedule property and for costs of the suit.

(3.) Before the tnat Court the case of the plaintiffs' in brief is as follows : According to the plaintiffs, the plaint schedule property originally belonged to one Mohammed Ghouse Saheb Gori as his self-acquired separate property. He had put up a house and was living in the said site with his family members. The plaint schedule property was also shown in the name of the said Mohammed Ghouse Saheb Gori as his self-acquired separate property. According to the plaintiffs, the plaint schedule property was also shown in the name of said Mohammed Ghouse Saheb Gori in the books maintained for account and for village site of Srikalahasti in the year 1910. The said Mohammad Ghouse Saheb Gori died about 33 years back leaving the plaintiffs as his legal representatives who continued to be in peaceful possession and enjoyment of the plaint schedule property and also perfected their title by adverse possession. The plaintiffs claim that they paid non-agricultural land tax on the suit property and also paid taxes to the Gram Panchayat, Srikalahasti and later on to the Srikalahasti Municipality. Accordingly to the plaintiffs, the entries made in property tax demand register for the years 1955-56, 1959-60 and 1963-64 clearly show that the plaintiffs are in occupation of the plaint schedule property.