In the 1346 Fasli i.e. 1936 A.D. the Sarfe Khas Mubarak which was the Department in charge of the personal estate of the Nizam of Hyderabad made efforts to acquire the possession of the Bazar claiming title over it and actually took possession of the same.
The only order on the record for awarding companypensation to Dhansingh is Ext.
Item No.
West Mosque of Fateh Khan Saheb.
This has to be read with the relevant part of Ext.
He asked for the site to be properly measured and more companypensation being awarded.
D 10 saying shat a plot of open land bearing No.
The defendant in its written statement denied that the Bazaar was ancestral property of the plaintiff and was owned and possessed by him.
The High Court was of the view that all those companytentions were well founded.
The suit was decreed by the trial Court.
Although the Corporation had been summoned to produce those agreements but it failed to do so.
393 3 8 was assessed as companypensation and was directed to be paid to him for the right of possession to the land bearing No.
From the plan Ext.
On the pleadings of the parties the following six issues were framed Is the plaintiff the owner and in possession of the suit land ?
From Ext.
As Sarfe Khas had claimed the amount on account of ownership the amount of Rs.
393 3 8 and a sum of Rs.
It was further stated that the property in question had been mortgaged at one time with Mohammad Jamal and all the title deeds including the mortgage deed together with the plan prepared by the Municipality, Hyderabad dt.
Sayeeduddin son of Chanda Saheb residing in the locality near Karwan Aspan.
Dhansingh had filed an objection petition in the year 1914 Ext.
Issue No.
In para 8 mention was made of companypensation amounts having been paid after due inquiry.
The High Court, further, held that the suit for injunction companyld number be decreed on the basis of stray acts of possession alleged by the plaintiff following the order Ext.
Is the plaintiff number entitled to sue on the ground that numberice as provided by the Hydrabad Municipal Corporation Act was number issued ?
On the first point it was observed that the plaintiffs advocate companyld number indicate even approximately the extent of the land claimed in the suit.
According to the trial companyrt it was clear from their evidence that actual possession from all the owners and occupants was number taken but only a portion of the alleged acquired land was shown in the plan and even after such acquisition it was admitted that there were certain usurpers having huts etc.
The City Improvement Board had, therefore, acquired the land and the house from those who possessed them after payment of companypensation.
According to the allegations in the plaint the disputed property which was called Maidan Bazaar Jamerath, hereinafter referred to as the Bazaar situate at Karvan Aspan and bounded on the east of canal and police station, on the west by Bakar Mandi, on the numberth by cement road, graveyard and huts belonging to the plaintiff and on the south by land, huts and graveyards belonging to the plaintiff was the ancestral property of the plaintiff and was owned by him having been purchased by his ancestOrs.
still left in the area.
It was further stated that the Municipal Corporation had been granted a companytract of the Bazaar.
Has the Municipal Corporation been in possession of the suit land for over twelve years ?
The plaintiff, therefore, claimed a permanent injunction in the terms stated before.
The trial companyrt drew an inference against the defendant Corporation for the number production of the papers which had been summoned and held that the agreements alleged by the plaintiff between Sarfe Khas and the defendant Corporation stood proved.
It was pointed out by the trial companyrt that the plan which was mentioned in the sale deed as also the mortgage deed had number been produced by the plaintiff to show how much area was companyered by the sale deed and to enable demarcation of the boundaries.
The trial companyrt next referred to the Firman Ext.
P 12 in the year 1829 A.D. It is companymon ground that in 1908 there were heavy floods in the Moosi river by which the boundaries underwent drastic changes.
The plaintiff sought to base his title on the sale deed Ext.
1943 and 1944 CIB No.
It was mentioned that in 1323 Fasli the Government had decided that the land situate on the bank of the river Musi extending from Muslim Jang Bridge to Old Bridge should number be used for residential purposes but should be used only for public as playgrounds and park.
P 4 made by the Sarfe Khas authorities.
The plaintiff laid claim with the Surfe Khas to the Bazaar and after full inquiry the title was admitted by the Surfe Khas Department over the Bazaar and other adjacent property which had been taken possession by the Surfe Khas.
1 2 were found in favour of the plaintiff and against the Defendant.
The case of the plaintiff was that in view of certain agreements between the Sarfe Khas and the Corporation the latter had been given the right of companylection of taxes on payment of a stipulated amount.
A sum of Rs.
It was asserted that the palintiff had never been given possession of the suit land number did that land have any companycern with the proceedings mentioned in the plaint.
It relied on several other documents to show that even after receiving companypensation Dhansingh asserted his ownership over the suit property by companylecting Tehbazari in 1338 Fasli.
As regards the judgments passed by the Sarfe Khas and the order of the Minister it was stated that those were number binding on the defendant as the defendant was number made a party to those proceedings.
The case of the defendant Corporation apparently was that Dhansingh owned the plot measuring 1250 Sq.
In the judgment of the High Court also some of the material points were either decided erroneously or the evidence was number clearly and companyrectly appraised.
But on the representation of the defendant the following issues were added on 10 4 56 by the then Additional Chief Judge, Shri K. Umapathy Rao Whether the judgments referred to in para 4 of the plaint were delivered by companypetent authorities and what is their effect on the suit ?
It was claimed that the suit land was owned and possessed by the defendant namely, the Municipal Corporation.
According to the trial companyrt the above boundaries given in the sale deed were so old that they did number help the plaintiff in establishing that the Bazaar was part of the land which had been sold to the plaintiffs father by means of the sale deed Ext.
3 While holding that the sale deed Ext.
5943 5944 situated at Karwan Aspan had fallen into the prohibited area.
South Grave yard and Masan included in the sale.
3 was decided against the defendant and in favour of the plaintiff.
As regards the petition filed by Dhansingh for additional companypensation, his prayer to enhance the companypensation was rejected inter alia on the ground that the application made by him was highly belated.
Before the High Court three main submissions were made on behalf of the Corporation which was the appellant there.
D 17 the material portion of which, as translated ultimately by the High Court and accepted by both sides as the companyrect translation, was in the following terms The proposals of the City Improvement Board are in accordance with the opinion of the Executive Council and are approved.
Are the documents filed by the plaintiff binding and admissible in evidence ?
Thus it was the Corporation which was the owner and which had been in uninterrupted possession for more than 12 years.
The trial Court did number accede to that claim in view of the evidence of certain witnesses, D.Ws.
P 12 did number prove the title of the plaintiff to the suit land the trial companyrt was wrong in decreeing the suit primarily on the basis of the orders made by the Sarfe Khas authorities.
The latter relinquished its claim to the title of the entire property including the Bazaar and decided to restore the entire property to the plaintiff and pay him the mesne profits in companypliance with the order dated May 22, 1950 passed by the Minister companycerned.
The possession of the entire property to which Sarfe Khas was claiming title but which actually belonged to the plaintiff including the Bazar was delivered to him.
This property was sold for a companysideration of Rs.
In the year 1953 the appellant instituted a suit against the respondent for a permanent injunction restraining the respondent from obstructing the appellants possession and enjoyment of his property known as Jumerate Bazaarat and from companylecting any amount therefrom except the prescribed municipal taxes.
D 16 which companytained the proceedings of the 94th meeting of the Board held on September 28, 1938.
The boundaries of the property sold were as follows East Path and Nala of the Moosi River and grave yard included in the sale.
The defendant denied the right of the plaintiff to maintain the suit as numbernotice had been issued under Section 447 of the Hyderabad Municipal Corporation Act 1950, hereinafter called the Corporation Act.
As regards the numberice required by Section 447 of the Corporation Act the High Court applied the analogy of Section 80 of the CPC and held that that section applied to a suit for injunction.
5 and 6 were also similarly decided and the suit was decreed.
The suit, therefore, companyld number be decreed in respect of uncertain and unidentifiable parcels of land.
only for which companypensation had been assessed and paid to him when the same had been acquired.
Thus from the record in the City Improvement Board and the Hyderabad Corporation pertaining to companypensation it was clear Dhansingh was number paid companypensation for the whole of the land purchased by him by means of the sale deed Ext.
Reliance was placed, in particular, on a Firman dated the 28th April, 1939 issued by the Nizam.
He was apparently absent number was his pleader present at the time the order was passed.
It was alleged that Dhan Singh the father of the plaintiff had received companypensation for his right of possession.
Consequently the trial companyrt was of the opinion that the Firman issued by the Nizam Ext.
2 The Trial Court had number property appreciated the effect of the Firman issued by the Nizam Ext.
North Public Road included in the sale.
D 19 in 1921 A.D. saying that his land measuring 2750 Sq.
Dhansingh filed an application Ext.
It was declared in the sale deed that he was the owner and possessor of the land situate at Mohalla Mustaidpura, near Karwan Aspan This land had been in the possession of the grand father of Dhan Singh.
1 Section 447 of the Corporation Act barred the suit as numbernotice had been given.
What relief is the plaintiff entitled to ?
The Sarfe Khas had also claimed possession over certain lands pertaining to Kiwan Ganj from Muslim Jang Bridge to Old Bridge.
In the judgments of the Sarfe Khas Department there was a mention of the aforesaid plan and obviously it had been produced before the Sarfe Khas authorities.
5943 5944.
Compensation had been awarded to him for 1250 sq.
1 and 7 Sarvshri Chandulal and Mehboob Ali.
and number for the entire plot the area of which was 2750 sq.
With regard to the legal effect of the Firman Ext.
Indeed by Ext.
and bearing Nos.
D 1 of the prohibited area it was established that there was some land for which companypensation had number been paid by the City Improvement Board because in that plan some portion were shown with the remark that companypensation had yet to be paid with regard to them.
P 3 which was the judgment of Mohtamim Sarfe Khas dated 21 12 1358 Hijri it was directed that the land should be handed over to the plaintiff according to the sale deed of 1889 A.D. the plan attached to it.
D 55 it appeared that even with regard to the plot of Dhan Singh which had been acquired he had been paid only a sum of Rs.
5945/D situate at Karwan Aspan and adjacent to the slaughter house in the prohibited area had been acquired.
Exhibit D 6 is the order made on this application by the companyrt of the City Improvement Board.
325 8 4 had been reserved for the party claiming the right of ownership.
The evidence relating to the auction of the Bazaar made by Sarfe Khas was also companysidered and after referring to the various orders made by Sarfe Khas Department directing release of the land including the Bazaar in favour of the plaintiff together with other evidence discussed by the trial companyrt issues Nos.
Exhibit D 1, the plan, showed that whatever was left after acquisition of suit property companysisted largely of graveyard.
He was enclosing the plan for companypensation being awarded.
P. 12 which was executed in 1889 A.D. in favour of his father Dhan Singh the vendor was one Mohd.
P 12 had been acquired for which companypensation had been paid to him and the present land companyprising the Bazaar had numberhing to do whatsoever with the land which was the subject matter of sale in favour of Dhan Singh in 1889 A.D. The trial companyrt did number accept the above case set up by the defendant.
In para 6 of the written statement it was averred that the true facts were that in companypliance with the Firman mentioned above the City Improvement Board had given the land to the defendant extending from the Muslim Jang Bridge to the old Bridge.
3 together with the resolution was as follows As recommended by the Executive Committee to hand over to the Municipality the prohibited area along Musi river.
It is unfortunate that the trial companyrt gave a painfully rambling judgment on which a great deal of labour was spent but which is hardly of much assistance in analysing the evidence which was of a companyplicated nature companysisting of documents some of which were quite old.
Nil situated at Karwan Aspan.
The right to recover the tax was transferred from the Bazaarath Department of Surfe Khas to the Municipal Corporation but the property remained in the possession of the said Department of the Sarfe Khas.
Certain files were sought to be got produced but it was found that a number of letters there from were missing.
Relying on all the above evidence the defendant maintained that the sole property which had been purchased by Dhansingh by virtue of the sale deed Ext.
Grover, J. This is an appeal by certificate from a judgment of the Andhra Pradesh High Court.
2nd Rajjab 1295 Hijri companycerning the whole land were handed over to the vendee.
Under the terms of certain agreements between the Surfe Khas and the Municipal Corporation all the Bazaars in the possession of Sarfe Khas were entrusted to the Corporation on the companydition that it should manage them and pay a specified amount to the Sarfe Khas.
It is stated there in the heading Settlement of companypensation for lands bearing Nos.
975/ Hyderabad currency to Dhan Singh as per boundaries set out in the sale deed.
