- (1.) THIS appeal is directed against the judgment of the High Court of Judicature of Andhra Pradesh at Hyderabad in Appeal No. 886 of 1999 decided on 21/3/2003. It may be pertinent here to mention that the appellants filed a suit in the Court of the Additional Subordinate Judge, Ranga Reddy District, Saroor Nagar, Hyderabad (Andhra Pradesh) in which they prayed for vacant possession of a portion of the premises comprising of two rooms, a verandah and a garage admeasuring 110 sq yd and situated in the compound bearing Municipal No. 3-1, Kothapet Village, Uppal Mandal under L.B. Nagar Municipality, Ranga Reddy District shown in Schedule B.
(2.) THE appellants, who were the plaintiffs in the trial court had also prayed for a declaration that the plaintiffs are owners of the structure and open land admeasuring about 1760 sq yd situated within the compound wall bearing Municipal No. 3-1, Kothapet Village, Uppal Mandal, L.B. Nagar Municipality, Ranga Reddy District. But from Para 11 of the plaint it is abundantly clear that the court fee was paid only in respect of 110 sq yd and according to the learned counsel for the parties that is the only dispute between the parties. The appellants asserted that in the years 1981 and 1987 they allowed Gram Panchayat, Kothapet to run their office in the premises belonging to them and they also asked them (the Gram Panchayat) to vacate. When they did not vacate, on 4/5/1991 the appellants issued notice and thereafter filed a suit for recovery of the said premises.
(3.) THE learned counsel for the appellants submits that after the Gram Panchayat acquired its own building they vacated and abandoned the premises in question and the appellants took possession of the same on 9/1/2009. The learned counsel appearing for the respondents is not in a position to controvert this factual position.;