ASHISH KUMAR Vs. PRAMILA

JUDGEMENT

(1.) In this writ petition the petitioners challenge the award dt. 15.11.1995 in A.R.C. No. 85 of 1993 of 7th respondent as confirmed by order dt. 27.03.2001 in C.T.A. No. 19 of 1996 of the Co-operative Tribunal constituted under the A.P. Co-operative Societies Act, 1964 (for short, "the Act")/8th respondent. The subject matter of this litigation is a house plot No. 73, Block-III, Sy. No. 403/1 and 120/1, admeasuring 700 Sq. yds., within MCH Ward No. 8, Block No. II, at road No. 17, Jubilee Hills, Hyderabad, originally belonging to 6th respondent-Society.

(2.) This plot was initially allotted by 6th respondent to one M. Laxma Reddy (husband of 1st respondent and father of respondent Nos. 2, 3 and 4) by letter Ref. JCS/5/83 dt. 14.07.1983/12.08.1983 after he paid a sum of Rs. 4000/- to it vide Receipt No. 1946, dt. 16.6.1982. He also deposited a sum of Rs. 9,904.25 ps. for which a receipt No. 2104, dt. 23.9.92 was issued by 6th respondent. He was given membership number M.S. No. 3186. He died on 25.01.1987 leaving respondents 1 to 4 as his legal heirs.

(3.) The 5th respondent approached 6th respondent claiming that she is the grand daughter of M. Laxma Reddy and, prior to his death, he transferred the above plot to her under a letter dt. 13.12.1986 requesting it to transfer the said plot along with his membership in her favour and also executed an affidavit dt. 15.12.1986 to that effect. The Secretary of 6th respondent accepted the said request vide proceedings No. JCS/3186/86 dt. 16.12.1986 subject to ratification by the Managing Committee on 25.12.1986. The 6th respondent also executed a registered sale deed dt. 25.07.1987 in favour of 5th respondent. Subsequently, the 5th respondent executed a regd. General Power of Attorney dt. 21.12.1991 in favour of one B. Hanumanth Rao authorizing him to sell the plot. The writ petitioners purchased the plot under a registered sale deed dt. 02.03.1995 from 5th respondent executed through her General Power of Attorney holder B. Hanumanth Rao.