SYED ABDUL KHADER Vs. RAMI REDDY
LAWS(SC)-1978-11-41
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on November 29,1978

SYED ABDUL KHADER Appellant
VERSUS
RAMI REDDY Respondents


Referred Judgements :-

MODI CO VS. UNION OF INDIA [RELIED ON]



Cited Judgements :-

P.SUBBHULAKSHMI VS. K.P.RAMASAMY [LAWS(MAD)-2020-12-101] [REFERRED TO]
MARUVANA BEEVI VS. M ABDUL SALAM [LAWS(MAD)-1996-3-76] [REFERRED TO]
TEJA SINGH VS. DAULAT RAM [LAWS(HPH)-2014-5-48] [REFERRED TO]
THAKUR DASS VS. JAGDISH [LAWS(HPH)-2014-6-130] [REFERRED TO]
MANORMA DEVI VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-9-8] [REFERRED TO]
G. VENKATACHALAM VS. A.P. KUPPURAJ S. SUNDARAM [LAWS(MAD)-2017-4-121] [REFERRED TO]
M/S. RAM LAL AND SONS VS. VIJAY KUMAR [LAWS(HPH)-2017-6-115] [REFERRED TO]
CHANDRA BHAN VS. ADITYA PRASAD [LAWS(ALL)-2024-7-25] [REFERRED TO]
KAILASH CHANDRA VS. ADDL DISTRICT JUDGE [LAWS(ALL)-2013-7-108] [REFERRED TO]
SUSHMA MEHTA VS. MEHAR SINGH AND OTHERS [LAWS(HPH)-2013-4-168] [REFERRED TO]
KOMMAGANI ILAIAH VS. KOMMAGANI BIKSHAPATHI [LAWS(APH)-2013-12-41] [REFERRED TO]
VIJAY KUMAR JAIN VS. SHAKUNTALA DEVI [LAWS(PAT)-2004-11-5] [REFERRED TO]
KALUBHA CHAMPUBHA DARBAR VS. PRABHASHANKAR PARSOTTAMBHAI MAHETA [LAWS(GJH)-2023-7-1512] [REFERRED TO]
S UTTAMCHAND VS. T M DEVAN [LAWS(MAD)-2007-4-249] [REFERRED TO]
RAM KISHAN VS. DILE RAM [LAWS(P&H)-2012-5-202] [REFERRED TO]
BHISHAM LAL GARG VS. HARDEI AND ORS. [LAWS(HPH)-2017-2-5] [REFERRED TO]
PREMA SUDHAMANI VS. D KRISHNA RAO [LAWS(MAD)-2008-9-185] [REFERRED TO]
MOHAMMAD MAQBOOL REGU VS. HILAL AHMAD [LAWS(J&K)-2023-2-13] [REFERRED TO]
MANOHAR LAL VS. JOGINDER SINGH [LAWS(HPH)-2014-12-95] [REFERRED TO]
SUSHIMA KISHANDEV KAUSHAL VS. THE COUNCIL FOR TIBETAN EDUCATION [LAWS(HPH)-2014-5-169] [REFERRED TO]
H M KRISHNA REDDY VS. N K PARAMESHWARAN [LAWS(KAR)-2001-2-62] [REFERRED TO]
N BHAGYALAKSHMAMMA VS. SUBBULAKSHMAMMA [LAWS(KAR)-2006-3-64] [REFERRED TO]
N. Bhagyalakshmamma VS. Smt. Subbulakshmamma and others [LAWS(KAR)-2006-3-123] [REFERRED TO]
TEERATH SINGH VS. SAMMAR [LAWS(CHH)-2021-1-101] [REFERRED TO]
RAMGOPAL VS. SHYAMLAL [LAWS(CHH)-2009-8-60] [REFERRED TO]
RAJESH SHANKAR MATHUR VS. D D A [LAWS(DLH)-2005-1-11] [REFERRED TO]
NETWORK INC VS. K R MOHAN REDDY [LAWS(APH)-2006-9-30] [REFERRED TO]
MEDIDHI CHAKRA VENI VS. KAMISETTI VENKATA RAMANAM AND ORS. [LAWS(APH)-2015-11-12] [REFERRED TO]
VINAY KUMAR GUPTA VS. SUDAMA PRASAD GUPTA [LAWS(DLH)-2018-4-348] [REFERRED TO]
VIKKY ABHAY NIKOSE VS. NAVHBARAT PRESS [LAWS(BOM)-2022-3-315] [REFERRED TO]
NEMAI SAMANTA VS. MAHADEV DAS [LAWS(CAL)-1996-6-46] [REFERRED TO]
CEEAN INTERNATIONAL PRIVATE LIMITED VS. ASHOK SURANA [LAWS(CAL)-2002-8-19] [REFERRED TO]
JAGDISH PRASAD PATEL (DEAD) THROUGH LRS. AND ANOTHER VS. SHIVNATH AND OTHERS [LAWS(SC)-2019-4-40] [REFERRED TO]
DASHRATHBHAI JETHABHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2022-8-989] [REFERRED TO]
UMADEVI NAMBIAR VS. THAMARASSERI ROMAN CATHOLIC DIOCESE [LAWS(SC)-2022-4-3] [REFERRED TO]
RAM SINGH VS. SARVESH KUMAR MITTAL [LAWS(UTN)-2020-3-58] [REFERRED TO]
K S DHILLON VS. PUNJAB FINANCIAL CORPORATION [LAWS(P&H)-2012-2-18] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD VS. KANNAN ALIAS SAMPOORNA KANNAN [LAWS(MAD)-2010-11-27] [REFERRED TO]
NATIONAL RUBBER WORKS VS. DAISY MANTOSH [LAWS(CAL)-2002-12-17] [REFERRED TO]
MANJU LATA SHARMA VS. VINAY KUMAR DUBEY [LAWS(ALL)-2003-5-305] [REFERRED]
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NUTAN SINGH VS. ESTATE OF SHANKAR SHARAN SINGH [LAWS(PAT)-2022-12-70] [REFERRED TO]
LHAKILA TONGDEN LEPCHA VS. PASSANG TONGDEN LEPCHA [LAWS(SIK)-2012-5-8] [REFERRED TO: (1979) 2 SCC 601 :]
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YOGESH KUMAR VS. INDER KUMAR [LAWS(P&H)-2015-7-4] [REFERRED TO]
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DEV RAJ AND OTHERS VS. MAHANT RAJINDER GIR AND OTHERS [LAWS(HPH)-2016-5-57] [REFERRED TO]
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VIJAY KUMAR VS. RAM LAL AND SONS [LAWS(HPH)-2017-6-106] [REFERRED TO]
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CHHED RAM AND ORS. VS. BUDHVANTIN AND ORS. [LAWS(CHH)-2014-3-55] [REFERRED TO]
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TEJPAL SINGH & ORS. VS. KUSHAL PAL SINGH & ORS. [LAWS(P&H)-2017-5-137] [REFERRED TO]
DWARIKA PRASAD PATEL VS. MARRI [LAWS(MPH)-2023-2-157] [REFERRED TO]
BIBI AISHA BEGAM WIFE OF SYED ZAFFAR HASNAIN @ LAL BABU AND ORS VS. BIBI SHAHNAZ BEGAM AND ORS [LAWS(PAT)-2015-3-244] [REFERRED TO]
MALA RAMLOO VS. DEPUTY COLLECTOR AND TAHSILDAR [LAWS(TLNG)-2023-3-133] [REFERRED TO]
S N HASAN ABUBUCKER VS. KOTTIKULAM ST MOHIDEEN PALLIVASAL THERKKU MOHINDEEN PALLIVASAL NIRVAGI MUTHERU COMMITTEE [LAWS(MAD)-2000-2-49] [REFERRED TO]
PARMODH SINGH VS. BILWAMANGAL [LAWS(HPH)-2014-11-136] [REFERRED TO]
PAVALAYEE VS. PERIANNAN [LAWS(MAD)-2011-6-284] [REFERRED TO]
DR. (MRS.) VALENSHA SURONG VS. SMTI. BINA SAIKIA [LAWS(MEGH)-2016-5-5] [REFERRED TO]
RANJIT NARAYAN VS. LAXMANBHAI [LAWS(MPH)-2004-5-8] [REFERRED TO]
SHAMIM AFROZ VS. MEHFOOZ UL HASAN [LAWS(MPH)-2006-9-13] [REFERRED TO]
RAM PRASAD CHOWDHURY VS. DEBU CHAMAR [LAWS(JHAR)-2021-9-11] [REFERRED TO]
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P J JOSEPH VS. SUHARA BEEVI HUSSAIN [LAWS(KER)-1999-8-30] [REFERRED]
JAI PAL SHISHODIA VS. POONAM RATHORE [LAWS(DLH)-2012-7-242] [REFERRED TO]
ASA RAM VS. MEDH RAM ALIAS MEDH CHAND AND OTHERS [LAWS(HPH)-2013-6-138] [REFERRED TO]
BASANT KUMAR MEHROTRA VS. RAM LAXMAN JANKI VIRAJMAN MANDIR [LAWS(ALL)-2017-3-152] [REFERRED TO]
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SHIV NANDAN VS. DISTRICT JUDGE UNNAO [LAWS(ALL)-2024-1-149] [REFERRED TO]
RAM ASRAY VS. DISTRICT JUDGE [LAWS(ALL)-2004-3-140] [REFERRED TO]
HINDUSTAN LEVER LIMITED VS. BOARD OF TRUSTEES VISAKHAPATNAM [LAWS(APH)-2002-7-31] [REFERRED TO]
B NAGARAJA REDDY VS. B. SAMBO SANKAR REDDY [LAWS(APH)-2020-12-187] [REFERRED TO]
SAMMITA SRI NATARAJ VS. KILARU RANGAIAH [LAWS(APH)-2012-1-102] [REFERRED TO]
SURJIT SINGH VS. GURWANT KAUR [LAWS(SC)-2014-8-58] [REFERRED TO]
S. ARULSELVAN VS. THE DISTRICT COLLECTOR [LAWS(MAD)-2017-8-382] [REFERRED TO]
KAMAKAR SINGH VS. DIDAR SINGH [LAWS(P&H)-2010-3-169] [REFERRED TO]
MAHAVIR SINGH VS. NARESH CHANDRAS [LAWS(SC)-2000-11-63] [REFERRED]
VISHNU IRON AND STEEL INDUSTRIES VS. GOVIND RAM [LAWS(RAJ)-2003-4-12] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. RAO RAJA HANUT SINGH [LAWS(RAJ)-2001-1-77] [REFERRED TO]
ARJUN MAL VS. MOHINI DEVI [LAWS(RAJ)-2002-4-21] [REFERRED TO]
GURMAIL SINGH VS. UDHAM KAUR [LAWS(P&H)-1999-4-17] [REFERRED TO]
BABA SARABOJOT SINGH BEDI VS. SADA RAM [LAWS(HPH)-2023-8-55] [REFERRED TO]
PUNJAB & SIND BANK VS. DES RAJ KASTURI LAL [LAWS(J&K)-1996-5-18] [REFERRED TO]
VED PARKASH VS. GOPALA & OTHERS [LAWS(HPH)-2016-9-105] [REFERRED]
RAJAN SHARMA VS. CHAUDHARY & OTHERS [LAWS(HPH)-2016-7-48] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. KHENYEI [LAWS(GAU)-2010-2-54] [REFERRED TO]
SMT. K. PREMA BAL VS. SRI. M.K. SUDHAKARA SBDTTY AND ORS. [LAWS(KAR)-1995-7-71] [REFERRED TO]
NAGNATH KISHAN KONDHEKAR VS. BINDURAM TULJARAM JADHAV [LAWS(BOM)-2021-12-3] [REFERRED TO]
SADURAM VS. TIKESHWAR [LAWS(CHH)-2011-4-74] [REFERRED TO]
SHARMILA TAGORE AND ORS. VS. AZAM HASAN KHAN AND ORS. [LAWS(MPH)-2016-2-21] [REFERRED TO]
M/S. VIJAY SOLVEX LTD. VS. SHREE HARI AGRO INDUSTRIES LTD [LAWS(RAJ)-2014-3-21] [REFERRED TO]
D.NARAYANA REDDY VS. BANDI BIKSHAPATHI [LAWS(TLNG)-2024-7-38] [REFERRED TO]
PUNJAB AND SIND BANK VS. C S COMPANY [LAWS(SC)-2012-1-21] [REFERRED TO]
HARIHARA IYER VS. BHAGEERATHI AMMA [LAWS(KER)-1985-6-43] [REFERRED TO]
NAWAB SAHEB VS. FIROZ AHMED [LAWS(MPH)-2002-4-22] [REFERRED TO]
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GITA ALIAS GITA RAVI VS. MARY JENET JAMES ALIAS M J JAMES [LAWS(MAD)-1994-11-113] [REFERRED TO]
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JUDGEMENT

Desai, J. - (1.)This appeal by certificate granted under Art. 133 (1) (a) of the Constitution arises from Civil Suit No. 23/1 of 1952 filed by the appellant against 56 respondents for recovering possession of lands more particularly set out in the Schedule annexed to the plaint, mesne profits, accounts and injunction, which suit was largely dismissed and partly decreed by the trial Court but in appeals bearing A. S. Nos. 252 and 283 of 1960 by the unsuccessful defendants and the plaintiff, respectively, was dismissed as a whole.
(2.)A brief narration of facts necessary for appreciating the contentions raised herein may be set out. Plaintiff-appellant is the son of late Kazim Yar Jung who was a Minister of H. E. H. the Nizam of Hyderabad. The father of the plaintiff obtained grant of certain lands in Rayalamadugu village from the Government of Nizam, the patta having been granted in the name of the plaintiff. At about the time of police action in 1948 when the local conditions in Hyderabad City and State were disturbed, the plaintiff, his father Kazim Yar Jung and his step brother Mustafa found it difficult to even approach their lands and the plaintiff was then contemplating to shift to Pakistan with others. Defendant No. 1 Rami Reddy who was a Police Patel approached the plaintiff and represented that he would manage the affairs of the plaintiff, his brother and father, but that as he was not keeping well a nominal Power of Attorney would have to be granted to defendant no. 34 Uppra Sattayya whereupon the plaintiff, his father and brother jointly executed a Power of Attorney, Ext. P-1 dated 10th April 1949 in favour of defendant No. 34 which was further supplemented by the deed Ext. P-2 dated 20th April 1949. The plaintiff alleged that in Oct. 1949 he came to know that defendants Nos. 1 and 34 were perpetrating fraud when on 25th Oct. 1949 the plaintiff and his brother Mustafa published a notice in the newspapers and the Gazette cancelling the Power of Attorney granted in favour of defendant No. 34, Plaintiff then came to know that defendants Nos. 1 and 34 and other defendants in collusion with each other got transferred the lands of the plaintiff for inadequate or no consideration and that a fraud was perpetrated. The plaintiff further alleged that the Power of Attorney is vague and void and inoperative and would not clothe defendant No. 34 with legal authority to deal with the properties in the manner in which they have been dealt with. At any rate, the Power of Attorney did not clothe defendant No. 34 with the authority to sell the land and, therefore, the purchasers have not acquired any title to the lands purporting to have been sold by defendant No. 34. The plaintiff accordingly sued for possession, mesne profits and accounts from the defendants.
(3.)Different groups of defendants filed three separate written statements but more or less the contentions raised in the various written statements are identical. The first contention is that the plaintiff was not the full and absolute owner of the suit lands but was a benamidar inasmuch as the lands were granted to the father of the plaintiff who was a Minister in the Nizam's Government but the patta was formally taken in the name of the plaintiff who was then a minor. It was also contended that the Power of Attorney, Ext. P-1 with P-2 was legal and valid and binding and it clothed defendant No. 34 with an authority to sell the lands and different parcels of lands have been sold to different defendants for full consideration and the plaintiff was aware of it and is now trying to take an advantage on the basis of a technical plea. There were some other contentions which at this stage are hardly relevant.


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