MOCHIGANTI SUBBA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This civil revision petition is directed against a judgment dated 30th September, 1997 passed by the Chairman, Land Reforms Appellate Tribunal-cum-IV Additional District Judge, East Godavari District at Kakinada in L.R.A.No. 4 of 1997 whereby and whereunder the appeal preferred against the order dated 12-1-1983 in L.C.C.No. 1278/PDP/75 passed by the Land Reforms Tribunal, Kakinada was dismissed.

(2.) One Venkataramanamma, a lady, was the landholder. She allegedly made a settlement in favour of her adopted son whereunder she reserved a life interest in respect of an extent of Ac. 18-54 cents of land and gave the vested remainder to her son. She died on 16-6-1981. The computation of the ceiling area at her hand had not been determined by then. The petitioner herein filed an application before the ceiling authorities to the effect that having regard to the said fact, the land in question be not taken into consideration for the purposes of computation of ceiling area as his adoptive mother has no longer been having any land keeping in view the stipulation made by her in the instrument executed by her. The learned Land Reforms Tribunal as also the Appellate Tribunal, having regard to the provisions of Section 8 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, (hereinafter referred to as 'the Act') as also the definition of the term 'holding' vis-a-vis that of the 'owner', held that the 'limited owner' is not excluded and that the land held by the 'limited owner' is also to be considered for the purposes of calculation of the ceiling area.

(3.) Mr. Suryanarayana Murthy, learned Counsel appearing on behalf of the petitioner inter alia submits that having regard to the fact that at the time of determination of the ceiling area the lands in question were not available at the hands of the aforementioned Venkataramanamma, the question of taking the same into consideration for the purpose of calculation of ceiling limit does not arise and in support of the said contention reliance has been placed on a decision of this Court in Sakhamuri Venkata Rattamma vs. State of A.P.