1. In this writ petition the petitioners challenge the award dt.15.11.1995 in A.R.C.No.85 of 1993 of 7th respondent as confirmed by order dt.27.03.2001 in C.T.A.No.19 of 1996 of the Co-operative Tribunal constituted under the A.P. Co-operative Societies Act, 1964 (for short, “the Act”) /8th respondent.

2. The subject matter of this litigation is a house plot No.73, Block-III, Sy.No.403/1 and 120/1, admeasuring 700 Sq.yds., within MCH Ward No.8, Block No.II, at road No.17, Jubilee Hills, Hyderabad, originally belonging to 6th respondent-Society.

3. This plot was initially allotted by 6th respondent to one M. Laxma Reddy (husband of 1st respondent and father of respondent Nos.2, 3 and 4) by letter Ref.JCS/5/83 dt.14.07.1983/12.08.1983 after he paid a sum of Rs.4000/- to it vide Receipt No.1946, dt.16.6.1982. He also deposited a sum of Rs.9,904.25 ps. for which a receipt No.2104, dt.23.9.92 was issued by 6th respondent. He was given membership number M.S.No.3186. He died on 25.01.1987 leaving respondents 1 to 4 as his legal heirs.

4. The 5th respondent approached 6th respondent claiming that she is the grand daughter of M. Laxma Reddy and, prior to his death, he transferred the above plot to her under a letter dt.13.12.1986 requesting it to transfer the said plot along with his membership in her favour and also executed an affidavit dt.15.12.1986 to that effect. The Secretary of 6th respondent accepted the said request vide proceedings No.JCS/3186/86 dt.16.12.1986 subject to ratification by the Managing Committee on 25.12.1986. The 6th respondent also executed a registered sale deed dt.25.07.1987 in favour of 5th respondent. Subsequently, the 5th respondent executed a regd. General Power of Attorney dt.21.12.1991 in favour of one B. Hanumanth Rao authorizing him to sell the plot. The writ petitioners purchased the plot under a registered sale deed dt.02.03.1995 from 5th respondent executed through her General Power of Attorney holder B. Hanumanth Rao.

5. The 2nd respondent and his counsel addressed letters dt.21.07.1990, 20.11.1990 and 13.04.1992, apart from legal notices dt.14.04.1991, 24.06.1991 and 02.01.1992, to 6th respondent furnishing the death certificate, legal heir certificate, etc. and requested it for transfer of allotment of the plot in his favour on the ground that respondent Nos.1, 3 and 4 have no objection to the transfer of the membership and the plot in his name. The 6th respondent through a letter dt.20.04.1992 directed the respondent Nos.1 to 4 to approach the Dy. Registrar of Co-operative Societies (Housing) in the matter.

6. Thereafter, respondent Nos.1 to 4 approached 7th respondent u/s.61 of the Act for relief contending that 6th respondent and 5th respondent were acting in collusion; 6th respondent is not transferring the membership and allotment of plot of M. Laxma Reddy in the name of 2nd respondent. They prayed for a direction to 6th respondent-Society to substitute the names of respondent Nos.1 to 4 or of the 2nd respondent and transfer membership and allot plot of M.Laxma Reddy in their name or in the name of 2nd respondent in place of M. Laxma Reddy as his legal heirs (or) in the alternative in the name of respondent Nos.1 to 4 and also execute necessary document and register the above plot. The said dispute was numbered as A.R.C.No.85 of 1993 by 7th respondent. They contended inter alia that 5th respondent showed false and fabricated documents to claim the property of M. Laxma Reddy, that he died intestate and they alone are entitled to succeed to the plot. They also contended that documents produced by 5th respondent were never executed by M. Laxma Reddy during his lifetime.

7. Before the 7th respondent, 6th respondent filed a counter contending that the above plot was transferred by M. Laxma Reddy in December, 1986 to 5th respondent and he gave a notarized affidavit dt.15.12.1986 requesting for the said transfer; the 5th respondent also gave a similar affidavit; the managing committe