UNDELA DURGAMMA Vs. SINGAMREDDY LAKSHMI REDDY

JUDGEMENT

(1.) This revision by the judgment debtor is directed against the order of the II Additional Senior Civil Judge, Vijayawada, in E.P. No. 100 of 2010 in O.S. No. 1144 of 2007 dated 15.07.2011.

(2.) In execution of the decree obtained by the decree holder in O.S. No. 1144 of 2007 filed for recovery of the amounts under the pro-note, the above execution petition came to be filed. In the suit, the property of the judgment debtor was attached before judgment. In the execution petition, the judgment debtor raised an objection that the land was allotted to her by the Municipal Corporation, Vijayawada and not entitled to be sold in execution of the decree and that the land was allotted by the Municipal Corporation, Vijayawada to the slum dwellers in NSC Bose Nagar Colony and that the judgment debtor who is one of the allottee of the plot agreed to purchase the same subject to the conditions prescribed in G.O.Rt. No. 1209 dated 17.10.2002.

(3.) The Executing Court, though permitted to raise the said ground for the first time, was of the view that though the land was allotted by the Government to the judgment debtor and others who are slum dwellers, when once the land was assigned to the person on payment of concessional market value, the sale of such land is not governed by the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. Though the sale deed contains a clause that the land shall not be alienated but the condition of inalienability is void in view of Section 10 of the Transfer of Property Act, 1882 ('for short the 1882 Act'). Therefore, there is no bar to proceed with the sale and accordingly, rejected the objections raised by the judgment debtor and posted the matter for settlement of terms. Questioning the correctness of the same, the present revision is filed.