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2010 Supreme(SC) 1216

V.S.SIRPURKAR, CYRIAC JOSEPH
Safiya Bee – Appellant
Versus
Mohd. Vajahath Hussain alias Fasi – Respondent


JUDGMENT

Cyriac Joseph, J. —

1. Leave granted.

2. According to the appellant Safiya Bee, vide a registered Sale Deed dated 5th February, 1969, she had purchased from one Mohd. Hussain houses bearing Nos. 2-5-254, 2-5-255 and 2-5- 256 along with the appurtenant lands. The respondent Mohd. Vajahath Hussain alias Fasi forcibly occupied the house bearing No. 2-5-256 (re-numbered as 4-3-65). The building has a plinth area of 1114 sq.ft. and the appurtenant vacant land has an area of 9341 sq.ft. Alleging that the respondent is a ‘land grabber’, the appellant filed L.G.O.P. No. 5 of 1990 under Section 7-A of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (hereinafter referred to as “the Act”) before the Special Tribunal, Adilabad seeking possession of the house and the appurtenant land from the respondent. The respondent contested L.G.O.P. No. 5 of 1990 and contended that he was not a land grabber, that he, his mother and his brothers were in possession of the disputed property in their own rights under law and that they were the owners of the disputed property. He also disputed the claim of the appellant that she had purchased the property as per registered Sale Deed dated 5th












































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