BEGULLA BAPI RAJU CHINNAM NAGABHUSHNAM CHINNAM SIVARAMPRASAD KAZA SEETHARAMCHANDRA RAO Vs. STATE OF ANDHRA PRADESH:LAND REFORMS TRIBUNAL KOVVURS:STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This batch of special leave petitions and writ Petitions arising out of proceedings under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act. 1973 (hereinafter referred to as the 'Andhra Pradesh Act') is directed against the judgments of the High Court of Andhra Pradesh and raise common questions of law. They are therefore, being disposed of by a common judgment. It will suffice to refer to the facts of Special Leave Petition No. 6794 of 1978. Chinnam Nagabhushnam v. State of Andhra Pradesh to bring out the points of controversy in these cases.

(2.) Chinnam Jaganmohanrao and Chinnam Sivaramprasad, petitioners Nos. 2 and 3 are the sons of the first petitioner, Chinnam Nagabhushnam. Petitioner No, 2 is still a minor but petitioner No. 3 has become major recently. The first Petitioner and the third petitioner partitioned their property by metes and bounds by virtue of a registered partition deed dated 12th of April. 1960 and since then they are in separate possession of the land failing in their respective, shares. By a second partition deed dated 11th of April. 1969 the first petitioner and the second petitioner further partitioned the properties that fell to the share of the first petitioner in the first partition between themselves. On 10th January. 1970 the third petitioner sold an area of 12.00 acres of Pangidigudem village to P. Pattabhi. On 10th of April. 1970 he sold an area of 10.22 acres and 10.00 acres of village Pangidigudem under sale agreement Ext. A-9. for Rs. 80.000 to G. Veeraju and the vendee was put in possession. On 12th of June 1970 the first petitioner sold an area of 22.63 acres of Pangidigudem village to one B. Appa Rao under sale agreement Ext. A-12. Again on 16th of June 1970 the third, petitioner sold an area of 8.00 acres of Pangidigudem village to B. Balaram Singh under sale agreement Ext. A-10.

(3.) The Andhra Pradesh Act came into force on 1st of January 1975 by virtue of a notification issued by the State Government. By April 1, 1975 all the three petitioners filed separate declarations in accordance with S. 8 of the Act on the footing that the separated minor sons did not constitute a 'family unit' and their holdings cannot be tagged with the holding of the father and that land transferred to outsiders either under agreement of sale or under gift deed should not be included in the holding of the petitioners. The Land Reforms Tribunal. Kovvur, however, treated the holding in question as the holding of the 'family unit' on the finding that divided minor sons also constituted a 'family unit', and the part of holding transferred to various persons either under agreements of sale or under gift deed formed a part and parcel of the holding of the 'family unit'. Accordingly, on 27th of September, 1976 the Tribunal declared that the 'family unit' was in possession of excess land over the ceiling limit. The petitioners filed an appeal before the Land Reforms Appellate Tribunal. The Appellate Tribunal, in its turn, allowed the appeal in part. The petitioners still feeling aggrieved filed a revision to the High Court of Andhra Pradesh. The High Court dismissed the same. on 7th of July, 1978. The petitioners have now filed the special leave petition to challenge the order of the High Court.