THE STATE OF A.P. Vs. MULPURU VENKATARATNAM

JUDGEMENT

(1.) THE point that falls for consideration is whether the lands alienated under agreements of sale anterior to 24 -1 -1971 also are nevertheless to be given effect in the light of the judgment of the Supreme Court reported in State of Andhra Pradesh vs. Mohd. Ashrafuddin ( : A.I.R. 1982 S.C. 913). The Supreme Court in the aforesaid case held that the land sold under agreement of sale will have to be included both in the vendor's holding as well as the vendee's holding while considering the provisions enacted in Section 3(i) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act 1973 coupled with the Explanation thereto. The learned counsel for the respondent Sri. Y.V. Narayana contended that the Judgment of the Supreme Court is not applicable to the alienations covered by agreements of sale anterior to the period 24 -1 -1971 because section 7 of the A.P. Land Reforms (Ceiling on Agricultural holdings) Act, 1973 postulates the period of such alienation between 24 -1 -1971 and 2 -5 -1972 and therefore the judgment is concerned only with cases covered by that period. In fact, the application of the Act is only in respect of the transactions entered into during the period from 24 -1 -1971 to 2 -5 -1972. I do not find any warrant for this construction of the words in Section 7(i) of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. Section 7(i) of the Act which reads as follows:

(2.) THIS Civil Revision Petition is allowed. No costs. Advocate's fee Rs. 150/ -.