- (1.) The plaintiffs in O.S.No. 14 of 1995 on the file of the Court of Senior Civil Judge, Markapur, are the appellants. The suit was filed by the deceased, 1st appellant, against the 1st respondent herein, for the relief of declaration of title, recovery of possession of the suit schedule property and mandatory injunction in respect of some of the structures thereon. During the pendency of the suit, the sole plaintiff and the sole defendant died and their legal representatives are brought on record.
(2.) It was stated in the plaint that the suit schedule property was acquired by the father of the 1st appellant, by name, Mahaboobmia through purchase, and after the death of Mahaboobmia, the 1st appellant and his mother inherited the property. It was pleaded that the property is situated in a village, near Markapur and his mother was residing in the house, till she died, in the year 1967. The 1st appellant,. being a practicing advocate at Markapur, is said to have given the property on lease, to one, Sha Fakheer, the husband of the 1st respondent and father of respondents 2 to 8, on lease, for Rs. 100/- per month, and that in the year 1977, a document, being Ex.A-8 was also executed. According to the appellants, Sha Fakheer purchased the property on the western side of the suit schedule property and made constructions therein. He is said to have died on 01-10-1991. Alleging that the respondents have not only refused to vacate the premises, on demand, but also made certain alterations in the premises, the suit was filed for the reliefs, referred to above.
(3.) On behalf of the respondents 1 to 8, written-statements were filed. It was pleaded that Sha Fakheer is none other than one of the sons of the sister of the appellant, by name, Saheb Bee, and that the suit was filed as though, Sha Fakheer was stranger to the appellants. The plea as to lease of the property was denied. They have also narrated the manner in which they have enjoyed the property. Reference was made to the proceedings under A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 and the manner in which the rights were claimed by the various branches of the family. The respondents 1 to 8 have also raised the plea of adverse possession.;