MOHD.KHAZA KHALEEMUDDIN Vs. MOHD.KHAZA FAKRUDDIN

JUDGEMENT

(1.) These two appeal suits are arising out of common judgment dtd. 19/2/2001 in OS No.914 of 1994 and OS No.1458 of 1997 on the file of the learned V Senior Civil Judge, City Civil Court at Hyderabad.

(2.) The suit in OS No.914 of 1994 was filed by the plaintiff therein for declaration of title in respect of property bearing No.17/3/676 with mulgies 1 to 4 and for recovery of possession of a portion of the premises under tenancy of the defendant with two mulgies i.e., house No.17/3/676/3 and 4 and also for damages for unauthorized use of property by the defendant. Whereas OS No.1458 of 1997 was originally filed before the IX Assistant Judge, City Civil Court, Hyderabad, vide OS No.3042 of 1992 for injunction by the same plaintiff against the same defendant restraining the defendant from inducting third parties into the suit premises. Accordingly, this suit was transferred to the Court of the learned V Senior Civil Judge, City Civil Court at Hyderabad, renumbered and tried together with the comprehensive suit in OS No.914 of 1994 by leading evidence only in OS No.914 of 1994.

(3.) Both the suits were decreed as per the common judgment and decree dtd. 19/2/2001 declaring that the plaintiff as the owner of the entire suit premises bearing No.17/3/676 along with mulgies 1 to 4, Bada Bazar, outside Yaktpura, Hyderabad and he is entitled to recover the possession in respect of house No.17/3/676/3 and 4 two mulgies. It is further declared that the plaintiff is also entitled for recovery of arrears of rent from July 1991 to June 1994. The defendant was directed to deliver the vacant possession of house No.17/3/676/3 and 4 with two mulgies. Whereas, the counter claim filed by the defendant was dismissed and perpetual injunction was granted restraining the defendant as prayed for.