N.V.RAMANA,J. - (1.) The present appeal arises out of the impugned judgment dated 18th November 2006, passed by the High Court of Judicature at Hyderabad in Appeal Suit No. 1964 of 1993 wherein the High Court allowed the appeal preferred by the respondents and set aside the order of the Subordinate Judge in O.S. No.69 of 1987, thereby decreeing the suit in favour of the respondentsplaintiffs.
(2.) A brief reference to the facts may be necessary for the disposal of the present case. The original plaintiff no.1 (predecessorin interest of respondent nos. 1 to 6 herein) and original plaintiff no.2 (respondent no.7 herein) preferred a suit against the defendants (appellant and respondent no.8,9 and 10 herein) seeking a declaration that they are the owners of the suit schedule 'A' house bearing H. No. 5669 (old), 617 (old), reassigned new nos. 61 81 and 6181/1 situated at Brahminwadi, Jagtial. The original plaintiffs had also prayed for a declaration that the suit schedule 'B' properties are not in existence and the said properties do not belong to the temple. Lastly, they also sought a consequential relief of permanent injunction against the defendants from interfering with the peaceful possession and enjoyment of the suit property.
(3.) The respondentsplaintiffs claimed to be the owners of the suit schedule "A" house and further contended that they have been residing in the suit property since the time of their ancestors. Hence it is recorded in their name and they have been paying taxes to the municipality with respect to the same. A Ram Mandir, situated to the west of the suit property bearing H.Nos.5 670 (old) and 618 (old) corresponding to H.No.6182 (new), which is shown as Endowments property by the Endowments department. Plaintiff no.1 has stated that the eastern and southern boundaries of the temple are shown to be the house of the plaintiffs. The plaintiffs also brought to the notice of the court, the permission dated 14.10.1977, granted in their favour by the municipality, for reroofing. The original plaintiff no.1 and plaintiff no.2 effectuated an oral partition of the suit schedule 'A' property on 27.6.1983.;