LAWS(TLNG)-2024-2-27

TAHSEEN YOUSUF Vs. KHATIJA BEGUM

Decided On February 21, 2024
Tahseen Yousuf Appellant
V/S
KHATIJA BEGUM Respondents

JUDGEMENT

(1.) The present revision petition is filed by the revision petitioner/appellant/respondent No.1/defendant No.1, being aggrieved by the order dtd. 22/9/2022 in C.M.A.No.112 of 2018 on the file of the II Additional Chief Judge, City Civil Court, at Hyderabad, confirming the order dtd. 9/8/2018 passed in I.A.No.172 of 2017 in O.S.No.1434 of 2017 on the file of the XIX Junior Civil Judge, City Civil Court, at Hyderabad.

(2.) Heard Sri S.Ganesh, learned counsel for revision petitioners, and Sri A.Najeeb Khan, learned counsel for respondents.

(3.) The primary contention of the revision petitioners is that the orders of the Courts below are based on assumptions and presumptions and are contrary to law, weight of evidence and probabilities of the case. It is contended that the trial Court failed to appreciate the fact that the petitioner entered into an Agreement of Sale with respondent No.1 in the year 1989 and paid the entire sale consideration and has been enjoying the possession over the suit schedule property and the respondent No.1 has not denied execution of said Agreement of Sale and receiving the sale consideration of the same. Further, the trial Court ought to have seen that the plaintiffs failed to establish the prima facie case, balance of inconvenience and irreparable loss.