CH YASHODA DEVI Vs. B DAYAKAR REDDY

JUDGEMENT

(1.) This is a revision filed by claimants 2 and 3 challenging the order of the learned Subordinate Judge, Jangaon, impleading the Receiver as a party to the proceeding. pending on a reference under Section 30 of the Land Acquisition Act (for short the Act') in l.A. No. 166 of 1988.

(2.) To appreciate the point in issue, it is necessary to refer to the facts. An extent of Ac. 0-30 guntas, out of a total extent of Ac. 4-33 guntas, in survey No. 461/4 situate at Jangaon village, Warangal district was acquired for the purpose of establishing a Microwave Station. An award was passed on 19-9-1987 in Award No. A/4897/85 by the Land Acquisition Officer. As some dispute with regard to the apportionment was raised, the same was referred to the Civil Court and the same is pending as O.P. No. 29 of 1987 on the file of the Sub-Court, Jangaon. It is stated that one Saleha Fatima claimed the entire property to herself and she was a party to the award proceedings and raised her claim as aforesaid. Since there was a dispute with regard to the same, the matter was referred to as aforesaid and it is pending.

(3.) Even before the Land Acquisition proceedings were initiated with reference to the property under acquisition, apart from other properties, one Mir Abbas Haider Kazmi filed O.S. No. 18 of 1963 on the file of the First Additional Chief Judge, City Civil Court, Hyderabad. To the said suit Saleha Fatima was impleaded as the 1st defendant. The 2nd defendant was one Abu Jafer. That suit was filed for administration of properties including the one under acquisition. The suit itself was decreed on 23 11-1963. The clause which is relevant for the present purpose in the decree is as follows: