T.Ch. Surya Rao,J.

The petitioner seeks a writ of Certiorari to quash the order, dated 16-11-2000, passed by the learned Special Court and the order dated 13-06-1997 passed by the learned Special Tribunal in L.G.A.No.30 of 1997 and L.G.O.P.No.5 of 1990 respectively after calling for the records pertaining thereto, on the premise that the orders have been passed without jurisdiction.

The unsuccessful respondent is the writ petitioner and the second respondent herein is the applicant.

The facts lie in a narrow compass: The applicant filed L.G.O.P.No.5 of 1990 on the file of the Chairman, Special Tribunal under the A.P. Land Grabbing (Prohibition) Act-cum-District Judge, Adilabad, against the respondent under Section 7-A of the said Act. That application was filed on the premise that the applicant purchased the house bearing No.4-3-65 along with the appurtenant land under a registered sale deed dated 05-02-1969 and she was the owner thereof and that the respondent forcibly occupied the house and since then he had been in illegal and unauthorized possession of the said house and open land and therefore the respondent was a land grabber.

The respondent resisted that application. His case was that the original owner of the entire house along with the appurtenant open land was one, Mohammed Hussain and the said Mohammed Hussain orally gifted the northern portion of the house to his younger son, Mohammed Jaffar Hussain and southern portion of the house with its appurtenant open land to his elder son Shoukath Hussain, in the year 1954, in the presence of Mohammed Ahmed, Abdul Quddus, Shaik Fareed, Wahedullah Khan, Noor Mohammed Khan, Shaik Mehaboob and Abdul Rasheed, besides the donees and their family members and that he is the son of Shoukath Hussain. Jaffar Hussain, was missing since the year 1959 and under law he was deemed to have died since his whereabouts were not known and that Mohammed Hussain gifted the house and the open land to Shoukath Hussain having regard to the fact that he had number of children and his family was big. Late Mohammed Hussain became mentally unsound from the year 1956 and he never executed any sale deed in favour of the applicant and the sale deed dated 05-02-1969 was a fabricated document and that he was not a grabber.

At the culmination of enquiry, appreciating the evidence adduced on either side, both oral and documentary, the learned Special Tribunal was of the view that late Mohammed Hussain was in sound state of mind till his death and he executed the sale deed, dated 05-02-1969, in favour of the applicant and therefore she was the owner of the disputed property. It was further held that late Mohammed Hussain could not have executed any gift in favour of Jaffar Hussain and Shoukath Hussain. Eventually, it concluded that the respondent was a land grabber. Aggrieved by the said judgment, dated 13-06-1997, passed in L.G.O.P.No.5 of 1990 the respondent carried the matter in appeal in L.G.A.No.30 of 1997 to the Special Court. By means of an order dated 30th October, 1998 the learned Special Court allowed the appeal and directed to return the application in L.G.O.P.No.5 of 1990 for presentation to a proper Court on the premise that Special Tribunal had no jurisdiction to entertain a petition in respect of the house property. Assailing the said order of the Special Court, the petitioner filed the Writ Petition No.35561 of 1998. A bench of this Court allowed the Writ Petition holding that the view of the Special Court was not correct and consequently set aside the order of the Special Court and remitted the matter to the Special Court for fresh hearing on merits. It is after that remands under the impugned judgment the learned Special Court after considering the evidence on record, dismissed the appeal and thereby confirmed the order of the Special Tribunal. The respondent is now assailing the said judgment in the instant writ petition.

Sri. Ramakrishna Reddy K learned senior counsel appearing for