JUDGEMENT
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(1.)The Vasavi Co-op. Housing Society Ltd., the first respondent herein
instituted a suit No.794 of 1988 before the City Civil Court, Hyderabad,
seeking a declaration of title over land comprising 6 acres 30 guntas in
Survey No.60/1 and 61 of Kakaguda village and recovery of the vacant
possession from Defendant Nos.1 to 3 and 7, the appellants herein, after
removal of the structure made therein by them. The plaintiff has also
sought for an injunction restraining the defendants from interfering with
the above-mentioned land and also for other consequential refliefs. The
City Civil Court vide its judgment dated 31.07.1996 decreed the suit, as
prayed for, against which the appellants preferred C.C.C.A. No.123 of 1996
before the High Court of Andhra Pradesh at Hyderabad. The High Court also
affirmed the judgment of the trial Court on 6.9.2002, but noticed that the
appellant had made large scale construction of quarters for the Defence
Accounts Department, therefore, it would be in the interest of justice that
an opportunity be given to the appellants to provide alternative suitable
extent of land in lieu of the scheduled suit land, for which eight months'
time was granted from the date of the judgment. Aggrieved by the same, the
Union of India and others have filed the present appeal.
FACTS
(2.)The plaintiff's case is that it had purchased the land situated in
Survey Nos.60, 61 and 62 of Kakaguda Village from Pattedar B.M. Rama Reddy
and his sons and others during the year 1981-82. The suit land in question
forms part of Survey Nos.60 and 61. The suit land in question belonged to
the family of B. Venkata Narasimha Reddy consisting of himself and his sons
Anna Reddy, B.V. Pulla Reddy and B.M. Rama Reddy and Anna Reddy's son
Prakash Reddy. Land in old Survey No.53 was allotted to Rama Reddy vide
registered family settlement and partition deed dated 11.12.1939 (Ex.A2).
In the subsequent re-settlement of village (Setwar of 1353 FASLI), the land
in Survey No.53 was re-numbered as Survey No.60, 61 and 62. Ever since the
allotment in the family partition of the above-mentioned land, vide the
family partition deed dated 19.03.1939, Rama Reddy had been in exclusive
possession and enjoyment and was paying land revenue. Rama Reddy's name was
also mutated in the Pahanies.
(3.)Plaintiffs further stated that the first defendant had it's A.O.C.
Centre building complex in Tirumalagiri village adjoining the suit land
Survey No.60 of Kakaguda village. The first defendant had also
requisitioned 4 acres and 28 guntas in Survey No.60 of Kakaguda Village in
the year 1971 along with the adjoining land in Tirumalagiri for extension
of A.O.C. Centre. Further, it was stated that 6th Defendant took
possession of the above-mentioned land and delivered possession of the same
to other defendants. The 3rd Defendant later vide his letter dated
18.12.1979 sent a requisition for acquisition of 4.38 guntas in Surevy
No.60 for the extension of A.O.C. Centre. Notification was published in
the official Gazette dated 18.09.1980 and a declaration was made on
30.06.1981 and compensation was awarded to Rama Reddy vide Award dated
26.07.1982.