MOHAMMAD TAQIUDDIN Vs. GULAM MOHAMED ABDUL HASAN

JUDGEMENT

(1.) This second appeal on behalf of the plaintiff-appellant is directed against the judgment and decree passed by the learned District and Sessions Judge, Hyderabad allowing the appeal of the second defendant and dismissing the suit of the plaintiff which was decreed by the trial Court.

(2.) This second appeal first came up before our learned brother M. A. Ansari, J. who having regard to the importance of the question involved in this second appeal, has referred it to a Bench which is Before us now.

(3.) The appellant Mohd. Taqiuddin, as the plaintiff instituted a suit in the Court of the Subordinate Judge, Hyderabad District for a declaration of his ownership, and for a permanent injunction against the Hyderabad Municipal Corporation (defendant No. 1) and Gulam Mohd. Abdul Hasan (defendant No. 2) in respect of the plot of land bearing No. 129/D-45 to the extent of one acre and 37 1/2 guntas out of a total area of the plot measuring 3 acres 21 guntas, situated on Jubilee Hill in the village of Sheikpet, West Taluk, Hyderabad District. The appellants case was that he was the owner of the whole plot and was in possession of it since 1356 F. and that the first respondent herein (the second defendant in the trial court) in collaboration with the second respondent (defendant No. 1) the Hyderabad Municipal Corporation, was encroaching upon his right and interfering in his possession to the extent of 1 acre and 37 1/2 guntas without any title. The Municipal Corporation filed a written statement to the effect that whatever action was taken by the Municipal Corporation, it was done bona fide and in accordance with the record. 1st respondent (defendant No. 2 in the trial court) stated that he had purchased the suit land measuring one acre and 37 1/2 guntas bearing plot No. 129/ D-45 from Jubilee Hill Municipality in 1350 F. and he was in possession of the said land ever since the purchase.