DULAM ADINARAYANA MURTHY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision petition by the declarant, Sri Dulam Adinarayanamurthy, is directed against the order of the Land Reforms Appellate Tribunal, West Godavari at Eluru in L.R.A. No. 80 of 1975 confirming the Order of the Land Reforms Tribunal, Narsapur in C. C. No. 2138/BVM/75, dated 11th April, 1975.

(2.) While submitting the declaration under section 8 (1) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (herein after referred to as the Act), the declarant, inter alia claimed that an extent of Acs 5-53 cents in R. S.Nos. 214 and 215/3 Pandurva village was gifted to his foster-mother by him by registered settlement deed, Ex D-1 dated 22nd March, 1972. It was the further case of the declarant that under an agreement for sale dated 15th June, 1970 marked as Exhibit D-2, an extent of Acs 3-42 cents in R. S. No. 581/3 of Kolamuru village was agreed to be sold to one Kala Subba Rao who was already a lessee of that land and was in possession of the said purchase from the date of the agreement as owner. He claimed that the above extents of land cannot be included in the holding of the declarant. With regard to the settlement deed, the Original Tribunal held that

(3.) On appeal by the declarant, the Appellate Tribunal held that the reasons that prompted the appellant to execute the settlement in favour of Smt. Krishna Veni are not convincing and it looks more improbable. It further held that "therefore, we are convinced that the settlement deed is not executed by the appellant apart from the reasons that prompted the execution of the settlement in favour of Smt. Krishna Veni are most unconvincing. Therefore, the bona fide nature of the settlement deed is in doubt......It also disbelieved the agreement for sale. In the result, it confirmed the order of the Original Tribunal.