1985 (2) TMI 304

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....amma filed an application before the Tahsildar alleging that she executed only a mortgage deed and not a sale deed in favour of the appellants' father. The Tahsildar, however, negatived her claim and came to the conclusion after investigation that Tayamma executed a sale deed and not a mortgage deed in favour of the appellants' father. She went up in appeal but the same was dismissed and the parties were directed to approach the civil court for a proper redress of the grievances. In the meantime Saibanna, the brother of Galappa, was inducted as a tenant. In 1932 the father of the appellants filed a suit for the declaration of his title and ownership in respect of the disputed lands against Galappa and his brother Saibanna which was ....

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....eaded that defendant No. 2 was the tenant of the disputed plots. They set up the bar of Sections 32 and 99 of the Hyderabad Tenancy and Agricultural Lands Act. The trial court as well as the first appellate court decreed the suit deciding all the issues in favour of the plaintiffs-appellants. The High Court, however, set aside the judgment and decree of the courts below and held that the civil court had no jurisdiction to try the suit on the allegations of the plaintiffs in the plaint. In its opinion the plaintiffs-appellants could get the relief of possession only from the revenue court under Section 32(1) of the said Act and that Section 99 stood as a complete bar to the entertainment of the suit by the civil court on the allegations in t....

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....sers as they denied the title of the plaintiffs-appellants. Now a suit against the trespasser would lie only in the civil court and not in the revenue court. The High Court, however, took the view that the plaintiffs-appellants had not claimed a declaration of title over the disputed plots and all that has been set up by them in the plaint is the relationship of landlord and tenant. 6. In our opinion the High Court was not quite correct in observing that the suit was filed by the plaintiffs-appellants on the basis of relationship of landlord and tenant. Indeed, when the defendants denied the title of the plaintiffs and the tenancy the plaintiffs filed the present suit treating them to be trespassers and the suit is not on the basis of th....