AVALA JANARDHAN REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a revision petition filed under Section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, against the order of the Land Reforms Appellate Tribunal Warangal, in L.R.A.C. No. 5/1976, confirming the order of the Land Reforms Tribunal, Warangal, in C.C. No 685/Wgl/75. and 686/Wgl/75.

(2.) The only dispute in this revision is whether the lands of the extent of Ac 44-08 cents covered by Survey Nos. 1165, 1167, 1168, 1169, 1171, 1172 and 1173 of Ayodhyapur hamlet of Madikonda, are joint family property or the separate property of Gopal Reddy.

(3.) The facts are as follows:- Avala Gopal Reddy, is the declarant in C.C. No. 685/Wgl/75, and hisson Janardhan Reddy is the declarant in C.C. No. 686/Wgl/75. Janardhan Reddy's son Narottam Reddy is the declarant in C.C. No. 687/Wgl/75 on the file of the Land Reforms Tribunal Warangal. Both the Tribunals below fcund that they (all the declarants) constitute members of joint family, that all are majors and that the joint family was possessed of Ac. 52-43 cents of ancestral land. So far as the lands of the extent of Ac. 44-08 cents comprised in survey Nos. 1165, 1167 1168, 1169, 1171, 1172, and 1173 are concerned both the Tribunals found that they are separate property of Gopal Reddy. It is not disputed that Gopal Reddy, would be entitled to a half share, and Jaaardhan Reddy and Narottam Reddy, to a 1/4th share each in the ancestral property. If the lands in dispute are held to be joint family property, they will be entitled to same shares in the said property as in the ancestral property. The only question to be considered is, whether the lands in dispute are joint family property or the separate property of Gopal Reddy.