VEGESINA BALARAMARAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision petition is directed against the order of the Land Reforms Appellate Tribunal, East Godavari at Rajahmundry in L.R.A.No. 556 of 1977 allowing the appeal in part and directing the lands covered by S.Nos. 353/6 and 327/4 of Mahadevapuram village to be computed as single crop wet lands and dismissing the appeal in all other respects.

(2.) The petitioner has filed a declaration on behalf of the family unit consisting of himself, his divorced wife, his divided minor son and one minor unmarried daughter. He had divorced his wife as per the order made to that effect on 17-8-1972 in O.P.No. 79 of 1972 on the file of the Subordinate Judge's Court, Narsapur. The petitioner's divorced wife filed a separate declaration. Prior to the divorce the declarant petitioner's wife sold on 31-12-1971 various extents under four registered sale-deeds marked Exs.P. 1, p. 10, P. 32 and P. 42. The declarant pleaded before the Original Tribunal that the property held by his divorced wife cannot be computed in his holding and that in any event the lands alienated under Exs.P.1,P.10, P. 32 and P. 42 by his divorced wife cannot be taken into account in determining his holding. Both the Tribunals held against him on this point. There was a partition between the declarant and his minor son under a registered partition deed dated 15-8-1970. Afterthe partition, the minor son sold Ac. 4-07 cents of land on 15-10-1971 under Ex.P. 21.

(3.) Both the Tribunals held that the sales effected by the wife as well as the son of the declarant were true, but refused to exclude the same in computing the holding of the declarant's family unit on the ground that these were made subsequent to 24-1-1971 and are intended to defeat the provisions of law relating to reduction of ceilings on agricultural holdings. The Appellate Tribunal, however, granted some minor reliefs to the declarant referred to above.