LAWS(APH)-1976-11-7

VEMULAPALLI PURNACHANDRA RAO Vs. STATE OF ANDHRA PRADESH

Decided On November 19, 1976
VEMULAPALLI PURNACHANDRA RAO Appellant
V/S
STATE OF ANDHRA PRADESH REPRESENTED BY THE DISTRICT COLLECTOR, GUNTUR Respondents

JUDGEMENT

(1.) In this revision petition filed under section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings, Act, 1973, it is contended that the two items of land given by th- petitioner to his daughters towards Pasupukumkuma at the times of their marriages in 1966 and 1967 should be e eluded from his holdings. Both the Tribunals below rejected this contention, firstly on the ground that the partition list Ex.A 12 and the subsequent partition deed Ex. A. 13 dated 7-10-1971 executed between the petitioner and his son do not show as to what lands were given to the petitioner's, daughters and that P.W.2, the son-in-law of the petitioner stated that the land revenue was being paid by the donees only from 1973. The Tribunals also held that even if the said gifts were true . they were only oral gifts and that in the absence of any registered document, the donees did not acquire any title to the lands gifted and that it was not con tended that the donees had acquired any title by adverse possession by more than 12 years prior to I -1 1975.

(2.) It is contended by Sri M. Chaudrasekhar Rao that the partition list and the partition deed and the other oral evidence establish the truth of the gifts But the Tribunals' finding is one of fact anil cannot be interfered with in revision.

(3.) Even otherwise, as rightly held by the Tribunals below, in the absence of any r- gistered deeds of gift, the donees would not acquire any title. Sri Chandrasekhara Rao sought to contend that under Hindu Law, a gift of immovable property to a daughter at the time of her marriage towards Pasupu Kumkuma is valid even in the absence of a registered document.