STATE OF ANDHRA PRADESH Vs. M LAKSHMI DEVI

JUDGEMENT

(1.) These appeals raise an interesting question relating to the interpretation of Section 12 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as 'the said Act'). The appeals by the State of Andhra Pradesh, are directed against the judgment and order of a learned Single Judge of the Andhra Pradesh High court whereby he dismissed the revision petitions filed by the appellants against the order of the Andhra Pradesh Land Reforms Appellate tribunal directing the appellants to hand over possession of 294 acres of land to the respondents.

(2.) Briefly stated, these are the relevant facts: The respondents entered into an agreement to sell the land in appeal, admeasuring 294 acres, to M/s Challapalli Sugar Limited and in pursuance thereof handed over possession of the said land to the said company. The said company filed a declaration under the provisions of the said Act declaring surplus land held by it, which included the said land. The respondents contended that since the title to the said land had not passed to the said company they remained the owners thereof and were entitled to the reversion of its possession to them under Section 12 (4 of the said Act. The Primary Land tribunal held against the respondents but the Appellate tribunal and the High court held in their favour,

(3.) It is necessary to note the provisions of Section 3 (1 of the said Act which defines "holding" to mean "the entire land held by a person as an owner; as a limited owner; as a usufructuary mortgagee; as a tenant; who is in possession by virtue of a mortgage by conditional sale or through part performance of a contract for the sale of land or otherwise. . ". Section 12 of the said Act reads thus: