MALLAPALLY CHANDRAMMA Vs. STATE OF A P

JUDGEMENT

(1.) These two revision petitions are filed under section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter called the Act, against'the common order of the Land Reforms Appellate Tribunal, Mahabubnagar, in LRA. Nos. 8 and 9 of 1976, partly allowing the appeals and remanding the matter to the Land Reforms Tribunal, Mahabubnagar, for determining the ceiling area of the petitioners in the light of the observations contained in the said order.

(2.) The relevant facts are as follows:- The petitioner in CRP 884/1976 and the petitioner in CRP. 885/1976 are the widow and son of one Mallapalli Chenna Reddy, residents of Gattu Ippalapalli village Kalwakurthy taluk, Mahabubnagar District. They filed separate declarations under section 8 of the Act, showing that the widow held the lands of the extent of Ac. 71-07 cents and the son Ac. 69-09 cents. In the son's declaration, the family unit is shown as consisting of himself, his wife and two minor sons. The widow showed her two grandsons and her husband's brother as members of the family unit. It is not disputed the grandsons and her husband's brother do not form part of the family unit. The widow is not a member of the family unit but she is holding the lands as an individual. Among the lands possessed by the family, the lands bearing Survey Nos. 77, 121, 122, 123 and 124 totalling an extent of Ac. 30-14 cents are ancestral properties and patta lands of Chenna Reddy, who died in 1963. In as much as he died in 1963, after coming into force of the Hiudu Succession Act, the widow will be entitled to a l/4th share and the son to a 3/4th share in the said properties. The properties were wrongly mutated in the year 1974 solely in the name of the widow. Chenna Reddy was also in possession of the lands bearing survey Nos. 48, 49, 59, 65. 66, 68, 87, 92, 93, 94, 95, 107 of the extent of Ac.108-00 of Ghattu Ippalapalli, village with protected tenancy rights. The widow set up a plea that half of the extent of the ancestral lands in survey Nos.121, 122, 123 and 124 was alienated by her husband Chenna Reddi during his life time in favour of Ruchoji and Ramulu under an agreement of sale and they were put in possession of the same, but without any document. The Tribunal did not accept this alienation. With regard to the lands in which Chenna Reddi, had protected tenancy rights, the Land Reforms Tribunal he'd that under the provisions of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, the son alone would be entitled to the lands and the widow would not be entitled to any property. Accordingly the Tribunal came to the conclusion that the aggregate of the lands held by the widow and the son came to 3,0395, that the widow was holding 1.3449 and the sun 0.5676 standard holding in excess of the ceiling area and that the total excess land to be surrendered by them was 1.9125 standard holding. Against the said order, appeals were preferred to the Land Reforms Appellate Tribunal.

(3.) In the appeals, the following contentions were urged:-