which are, in brief, as follows: ‘The sole plaintiff (since died) and the defendants 2 to 8 are the brothers and sister and are the children of late Syed Yousufuddin. The first defendant is the A.P. Housing Board, represented by its Vice Chairman. The admitted and undisputed fact are that the plaint schedule property was allotted to the said late Syed Yousufuddin and that he had paid the last instalment of Rs.1,682/- to the first defendant Board on 12.03.1966 as the allottee of the plaint schedule property. The specific case of the deceased sole plaintiff is that even before a sale deed was executed by the Board in favour his father late Syed Yousufuddin, he had conveyed the plaint schedule property under a regular registered sale deed dated 30.03.1966 to the plaintiff, who is one of his Sons. While so, the second defendant, who is the brother of the plaintiff, had initiated steps for transfer of the said property in his name by approaching the first defendant Board by inter alia claiming that he is in possession of the property. Having come to know of that, the plaintiff had filed the subject suit for a declaration that he is the owner of the plaint schedule property and also for an injunction restraining the first defendant Board from executing any sale deed in favour of the second defendant/appellant herein. After full-fledged trial, the suit in so far as the relief of declaration of title was dismissed as the father of the plaintiff and the second defendant/appellant did not acquire valid title to the property as the Board has not conveyed right, title and interest in the property to him (Sri Syed Yousufuddin) by executing a sale deed. However, the suit was decreed granting an injunction restraining the first defendant Board from executing the sale deed in favour of the second defendant. The First Appeal preferred by the second defendant was dismissed confirming the decree of the trial Court in so far as granting perpetual injunction as aforementioned. Therefore, the second defendant is before this Court.’
