VAKA PUNNAMMA Vs. YADAVALLI JURALA NARASIMHAM

JUDGEMENT

(1.) The civil revision petition is directed against the Judgment and Order dated 6th November, 1997 passed by the District Munsif, Nandigama, in E.P.No. 36 of 1993 arising out of O.S.No. 42 of 1987 whereby and whereunder an application for attachment of the property filed by the decreeholder-opposite party in terms of Order 21 Rule 54 and Order 21 Rules 64 and 66 of the Code of Civil Procedure, was disposed of directing as follows:

(2.) The only contention raised in this application is that by reason of the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (Act 9 of 1977), the said order could not have been passed. Sections 3 and 4 of the aforementioned order read as under: "3. Prohibition of transfer of assigned lands:

(3.) A bare perusal of the aforementioned provisions clearly shows that the learned trial Judge committed an error in arriving at a finding that since 10 years had elapsed after the lands were assigned in favour of the petitioner herein in terms of the provisions of the said Act, he had acquired a saleable interest. The aforementioned finding arrived at by the learned trial Judge is contrary to law and thus cannot be sustained. It is set aside accordingly and the matter is remitted to the learned trial Judge for executing the decree in accordance with law, if any.