P RAVINDER Vs. ETHIRAJAMMA

JUDGEMENT

(1.) This writ petition is filed to declare the judgment and decree dt: 2-4-1998 passed in L.G.A.No. 46/97 on the file of the Special Court under A.P. Land Grabbing (Prohibition) Act confirming the judgment and decree dt: 21-7-1997 passed in O.P.No. 560/91 on the file of the Chief Judge, City Civil Court, Hyderabad-cum-Special Tribunal under A.P.Land Grabbing (Prohibition) Act.

(2.) The said O.P.No. 560/91 was filed by the 1st respondent herein undersub-sec. (1) of Sec. 7-A r/w Sec. 8 (1) of A.P.Land Grabbing (Prohibition) Act, 1982 to declare the petitioners herein as land grabbers and for their eviction and also for payment of compensation of Rs. 20,000/- to the 1st respondent herein. The learned Trial Judge allowed the petition ordering eviction of the petitioners herein and disallowing the claim of the 1st respondent for compensation. Aggrieved by this, the petitioners carried the matter in appeal in L.G.A.No. 46/97 which was dismissed by the Appellate Court confirming the judgment and decree of the learned Trial Judge. Aggrieved by this, the present writ petition.

(3.) An extent of 700 Sq. yards described as Plot No. 36 situated in S.No. 112 of Bakaram village is the subject matter of -this writ petition. According to the 1st respondent, she is residing with her family at Tenali. She purchased the said land under Ex.A-1 registered sale deed No. 854/76 dated 13-8-1975 from Smt. Kosaraju Kamalamma. According to her, her vendor Kamalamma inherited the said property from her husband K.V. Subbaiah who died in the year 1972. The said Subbaiah purchased the land in question from four persons namely M. Kondal Reddy, Voggu Devni Mallaiah, Indraji Mallesh and Indraji Pandaraiah under Ex.A-2 sale deed No. 2556/62 dated 29-9-1962. As per the recitals in the sale deed V.D. Mallaiah, was the pattedar and Indraji Anjaiah and Indraji Pandaraiah were the protected tenants of the land in question. The said Kondal Reddy entered into an agreement to purchase this land from them in June, 1962 and he submitted a lay-out to the M.C.H. and plot No. 36 was sold by the owners to K.V. Subbaiah who was the nominee of Kondal Reddy. According to the 1st respondent, her predecessors-in-title were in possession and enjoyment of the land in question and she purchased the said land for construction of a house. Accordingly her husband submitted a plan to the M.C.H. in the year 1985. One S. Venkat Reddy constructed a house in the adjacent plot No. 35 after obtaining permission from the MCH. The allegation of the 1st respondent is that in the year 1990 when they came to Hyderabad and visited the land in question, they found the petitioners herein in the said land as encroachers and also found some structures with cement roof sheds and, thus, the petitioners occupied illegally the portion of the land in question and as such they are land grabbers. The 1st respondent also alleged that the petitioners herein along with others also encroached the adjacent plot namely Plot No. 37 belonging to third parties and in that connection a case and counter-case were filed before the Civil Court and they are pending. According to the 1st respondent, she was put in possession of the land in question on 11-10-1974 by her vendors and she erected fence along the boundary. Taking advantage of their absence, the petitioners encroached the land illegally and raised structures unauthorisedly being without any permission from MCH and, thus, they are land grabbers.