MYLA GANTARIAH Vs. KADALI PEDDIRAJU

JUDGEMENT

(1.) The appellant challenges the judgment, dated 16-02-2006, rendered by the learned VI Additional District Judge, (Fast Track Court), Narsapur, in A.S.No.31 of 2005. The said appeal arose out of an order passed by the court of Senior Civil Judge, Narsapur, in E.A.No.296 of 2004 in E.P.No.110 of 2004 in O.S.No.64 of 2002.

(2.) The respondent filed the suit against the petitioner for recovery of certain amount. The suit was decreed. After the decree became final, the respondent filed E.P.No. 10 of 2004 and obtained attachment against standing crop over the land in R.S.No.511/4 of Vemuladeevi village. The appellant filed E.A.No.296 of 2004 for raising attachment. He pleaded that the land, on which the standing crop was existing, was assigned to his father and after the death of his father, he inherited it. According to him, the prohibition contained in Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, (for short "the Act") applies even fo standing crops. The Executing Court rejected the application. The appeal preferred by the respondent was also rejected.

(3.) Sri A.V.S.esha Sai, learned counsel for the appellant, submits that the very object of legislating the Act was to protect the interests of the assignees under all possible circumstances and if the standing crop permitted to be attached and proceeded against, the very purpose would be defeated. He placed reliance upon the judgment of this court in B.RAMAIAH v. MANDAL REVENUE OFFICER. PUTTAPARTHI, 1990 (i) ALT 290.