Y LAXMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) One Papayya, the declarant, having executed a will on 15-5-1975 be queathing properties in favour of his brothers, died pending the land ceiling proceedings. After the Appellate Tribunal by order dated 5-6-78 remanded the matter to the Primary Tribunal, the Primary Tribunal without issuing any notice to the legatees and in their absence decided the validity of the will by holding mat it was not proved. The husband of the present petitioner, who also died, was the son of the said Papayya. When the petitioner challenged the order of the Primary Tribunal as regards the validity of the will, the Appellate Tribunal rendered a finding that the declaration has to be decided as on 1-1-75 and therefore the wiltdated 15-5-75 needs no consideration being of no consequence. Hence this revision.

(2.) The first contention of the learned counsel. Sri Narayana Rao, is that the will is not a transfer and therefore not hit by Section 17 of the Land Reforms Act. The learned Government Pleader, on the other hand, contended that the will was executed after filing of the declaration and therefore even though the declarant died, his holding has to be decided as though he were alive. To resolve the controversy, it is necessary to have a look at Section 17 of the Act, which reads:

(3.) The declaration filed by Papayya is not only on his behalf but also on behalf of the family, including his major son, the husband of the petitioner.