MOHD ASHRAFUDDIN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Revision arises under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Hold-- ings) Act, 1973, hereinafter referred to as the Act or the Ceiling Act.

(2.) The petitioner as an individual filed the declaration with regard to his land holding as provided under Section 8 of the Ceiling Act. According to the report of the verification Officer, the Holding of the petitioner consists of Survey Numbers 36, 41,37,42 and 92 in Ghotkuri village, all dry, the total extent of which is Ac 88-46 cents. According to the Petitioner, he sold away Ac. 17-00 cents and Ac. 11-48 cents in S. Nos. 36 and 41 respectively through unregistered sale deeds, and gifted S.Nos. 37, 42 and 92 to his son Naimuddin by means of a document written on a plain paper. With regard to the land said to have been gifted to the son of the petitioner, the latter alone is found to have been in possession and cultivating the same. The Land Reforms Tribunal, Adilabad, without accepting any of the alienations as claimed by the petitioner, computed his holding at 1-7692 standard holdings,and on the ground that the petitioner holds land of an extent equivalent to 0.7692 standard holding in excess of the ceiling area (the ceiling area with regard to an individual being one standard holding as provided under Section 4 of the Ceiling Act), declared that the petitioner is liable to surrender land equivalent to 0.7692 standard holding. Aggrieved by that, the petitioner has taken the matter in appeal to the Land Reforms Appellate Tribunal, Adilabad

(3.) It appears from the judgment of the Appellate Tribunal that the appeal was filed only with regard to S. Nos. 41 and 36 of the extents of Ac. 11-19 guntas and Ac. 17-00 guntas respectively said to have been sold by the petitioner through unregistered sale deeds and given possession of the lands sold, to the vendees. The Appellate Tribunal also did not accept the claim of the petitioner for disregarding the said two items in computing his holding. Hence this Revision by the declarant.