K VENKATESWARLU Vs. K PEDDA VENKAIAH

JUDGEMENT

(1.) Whether the prohibition contained in S. 4 of the A.P. Vacant Lands in Urban Areas (Prohibition of Alienation) Act, 1972 (hereinafter referred to as the 'said Act' for the sake of brevity) would apply to an agreement for sale is the question involved in this reference.

(2.) Facts : The defendant is the appellant. The plaintiff-respondent filed a suit for specific performance of contract in respect of an agreement for sale dated 9-7-1973. A defence was taken by the appellant herein to the effect that the said agreement is void as the same being hit by Section 4 of the said Act. Admittedly the land in question is a vacant land. It measures about 30 cents (equivalent to 1497 sq. mt.). The said Act was enacted pending enactment of Urban Land (Ceiling and Regulation) Act, 1976, which came into force on 5-6-1972. By reason of G.O. Ms. No. 369, Revenue (G), dated 26/03/1976, the said Act was, however, repealed by Act No. 13 of 1976. Admittedly, the Urban Land (Ceiling and Regulation) Act, 1976 has no application in relation to any land situate in the district of Prakasam or in the town of Ongole. A similar question came up for consideration before a Division Bench of this Court in C. Ramaiah v. Mohammadunnisa Begum, AIR 1981 Andh Pra 38 : 1980 (2) Andh LT 85 wherein the Division Bench (Coram : Chennakesav Reddy and Ramachandra Raju, JJ.) observed :

(3.) Findings : The Andhra Pradesh Vacant Lands in Urban Areas (Prohibition of Alienation) Act, 1972 (Act No. 12 of 1972) was enacted by the Government of Andhra Pradesh with a view to prohibit alienation of certain vacant lands in urban areas of the State of Andhra Pradesh. Section 4 of the said Act deals with Prohibition of alienation etc. which reads thus :