LAWS(TLNG)-2024-3-78

UNION OF INDIA Vs. D.DIVYA REDDY

Decided On March 07, 2024
UNION OF INDIA Appellant
V/S
D.Divya Reddy Respondents

JUDGEMENT

(1.) Aggrieved by the Order dtd. 7/4/2012 in O.P.No.947 of 2009 (impugned Order) passed by the learned II Additional Chief Judge, City Civil Courts, Hyderabad (for short 'learned Chief Judge'), wherein the Original Petition filed by appellants-petitioners to set aside the Award dtd. 29/4/2009 passed by the Sole Arbitrator- respondent No.5, was dismissed upholding the Award on all aspects except findings with regard to title.

(2.) For the sake of convenience, hereinafter, the parties will be referred as per their array before the learned Arbitrator.

(3.) Claimants submitted their claims statement before the learned Arbitrator for recovery of the property bearing bungalow No.219/1, admeasuring Ac.1.85 in Sy.No.170 at situate at Old Staff Lines, Gymkhana Ground, Secunderabad (Thokatta village) contending that the said bungalow was obtained by appellants herein on lease by virtue of Lease Deed dtd. 21/6/1952 entered into between Ghousunnissa Begum and Defence Estates Officer. One Sri G.Narsing Rao Cullapah was the original owner and possessor of bungalow bearing No.219 (old 224) and he sold the said bungalow to Mrs.Sultanee Begum under registered document in the month of December, 1868, which was registered with Quarter Master General as he was the authority for keeping the track of transfers. After the death of Sultanee Begum, her son Mr. Nawab Mirja Parvarish Ali Khan succeeded to the property and he sold the same in favour of Molvi Abdul Hayee Shah Saheb Inmziul Kadri under a Registered Sale Deed dtd. 24/11/1922 bearing document No.975/22.