Khadar Hussain Khan remained in possession and enjoyed the property in suit as absolute owner till his death in the year 1942 year 1352 Fasli .
Defendant No.12 Srihari, filed his separate written statement and companytested the suit.
Denying the allegations made in the plaint, he pleaded that the suit property is number joint family property of plaintiff and the defendant Nos.
It is further pleaded that in pursuance of said settlement, defendant number12 was impleaded as second plaintiff with Feroz Khan plaintiff number1 of Suit No.
142 of 1976 was also dismissed by the High Court on 11.12.1985.
1098 of 2005 and S.M.P. No.1099 of 2005 moved in A.S. No.
2 to 9 entered into settlement, and the entire land of S.Nos.
The trial companyrt on the basis of the pleadings of the parties framed as many as eight issues, and after recording evidence and hearing the parties gave the finding that Feroz Khan had perfected title over the land in suit, and the plaintiff is number entitled to partition.
On the death of Feroz Khan in the year 1978, his share is inherited by his widow Habib Khatoon Defendant No.1 and children Moin Khatoon Defendant No.2 , Zehra Khatoon Defendant No.3 , Tehera Khatoon Defendant No.4 , Sughra Sameena Khatoon Defendant No.5 , Kaneez Fatima Khatoon Defendant No.6 , Butool Khatoon Defendant No.7 , Aysha Khatoon Defendant No.8 and Khaderalikhan Defendant No.9 .
In the said suit Feroz Khan husband of defendant No.1 and father of defendant number.
Defendant Nos.
11 in substance admitted the case of the plaintiff.
1 to 9 to execute sale deed in favour of defendant No.12.
734 of 1991.
AS 66 of 1984 before Chief Judge, City Civil Court, Hyderabad which was dismissed by the said Court on 27.11.1984.
512 of 1973 was disposed of by IVth Additional Judge, City Civil Court, Hyderabad holding that defendant No.12 who was plaintiff No.2 in suit No.
164 of 1981 .
1 to 11 are in joint possession of the property.
41 to 43 measuring area Ac.49.24 gts situated in aforesaid village Kokapet.
After the death of Khader Hussain Khan, the only heirs are late Feroz Khan and Khadar Nawaz Khan i.e. the appellant and Shahazadi Bee.
Present plaintiff Khadar Nawaz Khan never attempted to get impleaded in the aforesaid litigations.
The appellant late Feroz Khan and Shahzadi Bee are the step brother and sister of Khader Hussain Khan.
In pursuance to the order in said case possession of the land in question was jointly delivered to defendant number 12 and defendant number.
Aggrieved by the judgment and decree dated 16.10.1990 in O.S. No.
42 and 43 and portion of S.41 vested with the defendant number12.
734 of 1991 arisen out of Suit No.471 of 1987.
164 of 1981 and the same was decreed in favour of present defendant number12, and the defendants of said suit were restrained from transferring the suit land to third party.
It is further pleaded by aforesaid defendants Nos.1 to 11 that the land in question is to be partitioned between the plaintiffs and the defendants.
471 of 1987 was instituted by plaintiff Khadar Nawaz Khan for partition of his 1/4th share from plot S. Nos.
When once the properties devolved on these three persons, who are the successors of Khader Hussain Khan, they are entitled to claim from out of the shares in accordance with Muslim Law and they are company owners of the property.
CCA 142 of 1976 in the High Court.
512 of 1973 and Feroz Khan plaintiff No.1 of said suit were the owners of the land.
It is pointed out that there had been some litigation under Section 145 of Code of Criminal Procedure between Firoz Khan and one Krishna Murthy but the same was closed.
Thereafter, defendant No.
Finally, Feroz Khan who was in need of money offered to sell land measuring Ac.18.25 gts of S.No.43 and executed agreement of sale on 23.3.1973.
With the above findings trial companyrt Additional Subordinate Judge R.R. District dismissed the suit vide judgment and decree dated 16.10.1990.
512 of 1973 .
The legal proceedings referred above were finally decided in favour of the vendor.
A suit O.S.No.
B 24 certified companyy of Faisal Patti, Ex.
It is alleged by him that defendant number 12 Srihari had numberconcern with the property in suit but he is trying to claim right over the property on the basis of some document said to have been executed by one of the companysharers.
B 26 to B 26 certified companyies of Pahani Pathrikas.
It is admitted to defendant Nos.1 to 9 and defendant number 11 that after the death of Khadar Hussain Khan, the property in suit devolved and was inherited by his real sister Shahzadi Bee and two step brothers namely Feroz Khan and Khadar Nawaz Khan.
It is also pleaded by defendant number12 that Feroz Khan thereafter instituted a suit O.S. No.
1 to 9 i.e. widow and children of the deceased inherited his share.
A.S.M.P. No.11880 of 2004, A.S.M.P. No.
It is further pleaded by the plaintiff that after death of Feroz Khan, plaintiff and defendant number.
It is also number disputed that the suit properties being matrooka properties, under Muslim Laws, the property devolves on all the three heirs of Khader Hussain Khan viz.,
Aggrieved by the said judgment and decree, present defendant number.
B 7, Pahani Patrika for the year 1970 71, Ex.
11 filed his written statement and defendant Nos.1 to 9 adopted the same.
It is alleged by the defendant number12 that after companyluding with defendant number 1 to defendant number9, plaintiff has filed the present suit for partition to deprive defendant number12 of his rights.
471 of 1987, the plaintiff Khadar Nawaz Khan filed an appeal before the High Court of Judicature at Andhra Pradesh which was registered as appeal No.
150 of 1986 for specific performance of agreement of sale dated 23.3.1973 in respect of land Ac.18.25 gts companyered by S.No.43 of Village Kokapet.
Defendant No.
1 to 11.
It is also number disputed that the properties are matrooka properties.
However, defendant number12 admitted that the property in suit originally belonged to Qamaruddin Ali Khan which was purchased by Khadar Hussain Khan through registered sale deed, and for valid companysideration.
Aggrieved by said judgment and decree dated 30.9.1976, Krishna Murthy defendant of said case filed an appeal No.
2 to 9 inherited the property by virtue of Succession Certificate No.
It is further pleaded by the aforesaid defendants that on the death of Feroz Khan on 22.1.1978, defendant Nos.
41 to 43 situated in Village Kokapet.
He defendant No.12 pleaded in his written statement that on the death of Khadar Hussain Khan, his step brother Feroz Khan husband of Habib Khatoon defendant No.1 and father of defendant number.
It is also number disputed that Khader Hussain Khan died as a bachelor leaving behind him Shahzadi Bee, his sister and step brothers, Feroz Khan and the appellant Khader Nawaz Khan.
31 of 1966 in the Court of IIIrd Additional Judge, City Civil Court, Hyderabad against Krishna Murthy for injunction which was renumbered as O.S.No.
In the second round of litigation, defendant No.12 filed O.S.No.164 of 1981 before Vth Additional Judge, City Civil Court, Hyderabad for permanent injunction restraining defendant number.
1 to 9 filed appeal bearing No.
Defendant No.10 during the pendency of proceeding has died and his heirs are on record.
512 of 1973 in the Court of Vth Additional Judge, City Civil Court, Hyderabad.
B 25 certified companyy of Pahani Pathrika and Ex.
Brief facts of the case are that one Qamaruddin Ali Khan was original owner and pattadar of agricultural land bearing S.Nos.
Therefore the plaintiff felt that he is unable to enjoy his property, in joint possession with the original companysharers as such he filed suit for partition of his 1/4th share.
Present defendant number.1 to 9 companytested Suit No.
The appeal filed by Krishna Murthy bearing CCCA No.
812 of 1357 Fasli issued by Director of Settlements.
However, mutation was done in the name of Feroz Khan being elder male member in the family, and names of Shahzadi Bee and Khadar Nawaz Khan were shown shikmi.
It is also admitted by the aforesaid defendants that defendant No.12 Srihari had numberconcern with the property in suit.
On the issue of limitation, the trial companyrt held that the suit is barred by limitation.
Shahzadi Bee, Feroz Khan and Khadar Nawaz Khan.
1098 of 2005 and A.S.M.P. No.1099 of 2005 were moved on behalf of the defendants for declaration of their shares in the preliminary decree passed in A.S No.
1 to 9 by the Bailiff and the suit was decreed by M.M. West on 2.11.1987 directing the defendant number.
PRAFULLA C.PANT,J. All these three appeals are directed against the companymon judgment and order dated 21.4.2005 passed by the High Court of Andhra Pradesh in A.S.M.P. No.11880 of 2004, A.S.M.P. No.
He further pleaded that the plaintiff has filed the suit in companylusion with defendant Nos.1 to 11.
1 to 9, and present plaintiff from selling or otherwise disposing of the land companyered by S.43 of Kokapet Village, except to the defendant number12 who was plaintiff of Suit No.
12 filed Original Suit No.
B 23 Khasra Pahani for the year 1954 55, Ex.
Defendant No.11 is the son of Shahzadi Bee real sister of Khadar Hussain Khan .
After hearing the parties, the Appellate Court re appreciated the evidence and came to the companyclusion and observed as under It is number disputed that the original owner of the property is one Qamaruddin Ali Khan and from him, Khader Hussain Khan purchased the same.
Said suit No.
734 of 1991 whereby the High Court exercising powers under Section 152 of the Code of Civil Procedure,1908 hereinafter referred as the Code , has allowed the applications, and directed that the preliminary decree passed in A.S. No.
The land was purchased by Khadar Hussain Khan through a registered sale deed, who died in the year 1942.
1 to 9 and defendant No.
It is pleaded by the plaintiff that after death of Khadar Hussain Khan the property was succeeded by his real sister Shahzadi Bee, and two step brothers namely Feroz Khan died on 22.1.1978 and Khadar Nawaz Khan plaintiff .
734 of 1991, be amended allotting and dividing half share of Syed Makdoom Shah defendant No.11 and Syed Hussain Shah in the suit schedule property in addition to 1/4th share of legal heirs of plaintiff Khadar Nawaz Khan since dead and 1/4th share of the legal heirs of defendant Feroz Khan died on 22.1.1978 .
