MOHAMMED ALI IMAM NAJAFF Vs. AP HOUSING BOARD

JUDGEMENT

(1.) This Second Appeal is filed challenging the judgment and decree dtd. 21/10/2013 in A.S.No.137 of 2010 on the file of the XI Additional Chief Judge, City Civil Court, Hyderabad, wherein and where under the judgment and decree dtd. 17/2/2010 in O.S.No.1550 of 2004 on the file of the IX Additional Senior Civil Judge (Fast Track Court), City Civil Court, Hyderabad, was reversed.

(2.) The appellant herein is the plaintiff and the respondent No.1 herein is the defendant in the suit. Respondent No.2 herein is impleaded as party before the first appellate Court. For convenience, the parties hereinafter are referred to as they are arrayed before the trial Court i.e, the appellant herein is referred as plaintiff and respondents herein are referred as defendants.

(3.) Brief facts leading to filing of present Second Appeal are that originally one Zohra Begum was the owner and pattedar of land admeasuring Acs.660-00 gts and Acs.177.03 gts in survey No.162 (old) and new survey Nos.10, 11 and 6/2 of Mallepally village, Hyderabad Deccan; that she executed a will deed dtd. 14/1/1957 in respect of the said land in favour of (1) Khurshid Ali Khan, (2) Khulsum Begum, and (3) Sohra Begum and that she died in the month of December, 1957. The plaintiff as the legal heir of late Khurshid Ali Khan, later came into possession of the suit schedule property i.e., 104 sq.yards situated in survey No.162 (old) and 10 (new) of Mallepally, Hyderabad, enjoying all rights and title over the land. Thereafter, when he tried to raise construction in the schedule property, the defendant interfered with the possession of the plaintiff under the guise of false and fabricated documents and threatened the plaintiff with dire consequences. Hence, the suit for declaration of tile and for perpetual injunction.