STATE OF ANDHRA PRADESH Vs. MALLADI RAMA SUBBIAH

JUDGEMENT

(1.) In these two revision petitions filed under section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as the Act), the short question that arises for consideration is, whether a child in the womb of its mother on the notified date viz., 1st January, 1975 the date on which the Act came into force and which was born subsequently, is entitled to be treated as a member of the 'family unit' under section 3 (f) of the Act.

(2.) C.R.P. No. 1578 of 1976 has been filed by the Government against the order of the Land Reforms Appellate Tribunal, Ongole, in L.R.A. No. 46 of 1976, where the Chairman of the said Tribunal took the view that such a child is a memeber of the 'family unit' and the Member of the appellate Tribunal took a contrary view.

(3.) C.R.P. No. 1744 of 1976 has been filed by the declarant against the order of the Land Reforms Appellate Tribunal, Srikakulam, where the appellate Tribunal took the view that such a child in the womb of its mother, could not be treated as a member of the family unit as defined in section 3 (/) of the Act. "Family unit" as defined" in section 3 (/) of the Act, as follows:-