PRAGA TOOLS OFFICERS CO OPERATIVE Vs. DSN RAJU

JUDGEMENT

(1.) THIS is an application filed under Order 47 Rule 1 C.P.C. by the 1st respondent in the C.R.P.No.1086 of 2004 to review the judgment dt.21.12.2012 in C.R.P.No.1086 of 2004.

(2.) A brief history of the litigation is set out as under :

(3.) BY order dt.30.03.2002 in case No.G/2913/2001, the RDO granted to respondent Nos.25 to 27 a sale certificate u/S.38A of the Act in respect of an extent of Acs.5.26 gts. in Sy.No.36 part of Bowenpally Village, Balanagar Mandal, Ranga Reddy District (hereinafter referred to as 'the subject land') and had directed them to deposit non -judicial stamp papers worth Rs.34,190/ -. To the said proceeding, the respondent No.28 is a party. Before the RDO, the Respondent Nos.25 to 27 claimed that their father N. Pochaiah was a protected tenant over an extent Acs.11 -12 gts. in the above village under the father of respondent No.28 who was the land owner; after the death of their father, they approached the Revenue authorities for issue of Patta certificate but the matter got prolonged; and that a sale certificate u/S.38A be granted in their favour. The respondent No.28 filed a petition before the RDO on 02.03.2002 supporting the claim of respondent Nos.25 to 27 stating that the then RDO, Chevella -cum -Inam Tribunal issued Occupancy Rights Certificate No.A1/1233/75 dt.28.11.1979 in respect of the subject land in his favour ignoring the claims of the respondent Nos.25 to 27 and their father and to avoid further litigation, he had assigned all his rights, title and possession in favour of respondent Nos.25 to 27 under an un -registered sale deed dt.03.02.1992 for Rs.2,63,000/ -. A general notification was issued vide proceedings dt.20.03.2002 calling for claims and objections, if any, from general public on or before 30.03.2002 published at all prominent places. Sworn statements were filed by respondent Nos.25 to 27 and also respondent No.28 reiterating the above facts. On the basis of this material, the RDO passed orders on 30.03.2002 granting sale certificate under Section 38A of the Act to respondent Nos.25 to 27 in respect of the subject land.