ABDUL RAHEEM Vs. SYED SADULLAH SHAH QUADRI

JUDGEMENT

(1.) The present Second Appeal is filed aggrieved by the judgment and decree, dtd. 17/8/2023, passed in A.S.No.203 of 2016 on the file of the Court of IX Additional Chief Judge, City Civil Court, Hyderabad, whereunder the judgment and decree dtd. 1/6/2016 passed by the XVII Additional Senior Civil Judge, City Civil Court, Hyderabad, in O.S.No.1699 of 2012 was confirmed.

(2.) The appellant is the defendant and respondent No.1 is the plaintiff in the suit. Since respondent No.1 died, he is represented by his legal heirs i.e., respondent Nos.2 to 4 herein. For convenience, hereinafter the parties are referred to as they are arrayed in the suit.

(3.) The facts of the case in nut-shell leading to filing of the present Second Appeal are that the suit was filed for recovery of possession of the suit schedule property. The plaintiff inter alia stated in the plaint that one Syed Shah Ismail Quadri was the owner and possessor of the suit schedule property and he died issueless. As such, the father of the plaintiff succeeded to his property by virtue of a decree in O.S.No.3829 of 1983 on the file of X Assistant Judge, City Civil Court, Hyderabad. Subsequently, on the death of his father on 6/7/1993, the plaintiff and his two brothers succeeded to the said property.