UNION OF INDIA Vs. S.NARASIMHULU NAIDU (DEAD)

JUDGEMENT

(1.) The present appeals are directed against an order passed by the High Court of Judicature at Andhra Pradesh on 25.4.2011 whereby an order passed by the Special Court, Hyderabad(For short, the 'Tribunal') under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982(For short, the 'Act') on 19.9.2008 was not interfered with.

(2.) Brief facts leading to the present appeals are that the respondent Nos. 1 to 6(Hereinafter referred to as the 'applicants') being legal heirs of Late Sri S.V. Srinivasulu Naidu filed an application under Section 8 of the Act before the Tribunal alleging that the land measuring 7128.5 sq. yards in Survey No. 299/2 (old Survey No. 403/1), Ward No. 8, Block-3, Shaikpet Village, Hyderabad, is the land grabbed by the Union of India. It was pleaded that a notification is required under Section 8(6) of the Act, which was published in the extra ordinary Gazette of Andhra Pradesh on 22.1.2004 but no objections against the same were received. The applicants alleged that their father had purchased 2 acres 27 guntas of land in Survey No. 299/2 from one Shri Shaik Ahmed under two registered sale deeds dated 12.12.1959 (Exhs. A1 and A2). The purchaser, i.e., the father of the applicants was put in possession thereof. Out of the total land purchased by the father of the applicants, 7 guntas of land was taken over for the purpose of widening of road and remaining part i.e. 2 acres 20 guntas (12100 sq. yards) was held by him. It was further alleged by the applicants that their father sold the land measuring 4971.5 sq. yards out of 12100 sq. yards in Survey No. 299/2 with specific boundaries via registered sale deed dated 20.3.1964 (Ex.A3). The remaining part of the land i.e., 7128.5 sq. yards was however retained by their father.

(3.) It was alleged that the Military Contract Committee started constructing sheds on the land sold by the father of the applicants. As a result, the purchasers filed original suit(Hereinafter referred to as the 'first suit') on or about 14.4.1965 against the Union of India, State of Andhra Pradesh and the father of the applicants, which was later assigned as suit OS No. 175 of 1970 (Old No. 72 of 1965). The Plaintiff claimed that his vendor Shaik Ahmed and then the father of the applicants was the owner in possession of the property since purchase of the property on 20.3.1964, but the contractors of the first defendant, the appellant herein, trespassed into the schedule property on 12.7.1964. The Plaintiff thus sought possession of the land purchased or in the alternative, recovery of sale consideration paid to the father of the applicants. It was inter-alia pleaded as under:-