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3-Zaibunnisa Begum, got transposed herself as plaintiff No. Zohra Begum was the pattedar of the land in Survey No. is not binding on the Government as it was a collusive decree, and inasmuch as the Government was not a party to it. The first defendant advised the second defendant to cancel the sanctioned-lay out in view of the fraud and misrepresentation played by the plaintiff. 5 examined 9 witnesses including the original plaintiff as P. However a compromise was effected between Ahmed Ali Mirza and other share holders viz., Zohra Begum and others. the Nizam dated 29th Ziqad 1354-Hijri and possession of the Jagir Mallepally which was taken over by the Government was released in favour of Ahmed Ali Mirza and Zohra Begum and others. 162 cannot be accepted and the lands in Mallepalli village are in possession of Government for the last 60 years.

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The said plaintiff died pending the suit and his legal representatives- plaintiff Nos. After obtaining the land on lease, he obtained sanctioned-lay out from the Municipal Corporation of Hyderabad under its letter No. The first defendant the Collector District Hyderabad started disputing the title of the plaintiff in the year 1953 and issued orders to the Municipal Corporation of Hyderabad to cancel the sanctioned-plan. As already stated she transposed herself as plaintiff No. The alleged compromise between Jagirdars and Hissedars of Mallepally was not binding on the Government. As Zohra Begum had no title to the suit land, the alleged perpetual lease in favour of the original plaintiff does not confer any right or title in his favour. The original plaintiff obtained sanctioned-plan by playing fraud and misrepresentation by presenting a collusive and fradulent decree in O. The then Collector, District Hyderabad declared that Ahmed Ali Mirza was entitled for patta of the lands as well as other share holders on 28th Shehrewar, 1344-F. In accordance with the said compromise the parties applied for issue of pattas. 162 was sanctioned in the name of Zohra Begum and a notice from the Secretariat, Sarfekhas Mubarak, Court of Wards dated 2-10-1350 F states that pursuant to the terms of compromise deed, the patta of the land in Survey No.

27 of 1962 was filed by one Syed Afzal Hussain Abidi for declaration of his title to the suit land admeasuring Ac. 162 of Mallepally village, Hyderabad, and for recovery of possession, or in the alternative, for compensation and mesne profits. 162 having been declared as such under a consent decree in Case No. between herself and Yousuf Ali Mirza and others on 15-1-1951, and he obtained the said land from her under a perpetual registered lease deed dated 8-9-1952. The third defendant purchased a portion of the suit property under a registered sale deed dated 6-4-1957 from the original plaintiff, and therefore, she was added as a party. The first defendant in his written statement while denying the material allegations contained in the plaint stated that Zohra Begum had no title and she was never granted any patta for the suit land. The request of Zohra Begum to include her name in the revenue records was rejected by the Collector after due enquiry as she was never in possession. 2 also more or less filed the written statement supporting the averments of the first defendant. The lay out was submitted by the plaintiff when the suit land was in possession of the first defendant without notice to it. Accordingly succession was granted in the name of Ahmed Ali Mirza with the Shikmi of Zohra Begum and 5 others through Muntakhab No. The said grant was confirmed and finally affirmed by a Firman of H. Again in the year 1343-Fasli a dispute arose between the share holders and Ahmed Ali Mirza regarding possession of the land.

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