MERLA VENKATA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision petition is filed under section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as the Act). The petitioner filed a declaration under section 8(1) of the Act showing that he was holding Ac. 119 82 cents of land. His wife filed a separate declaration showing an extent of Ac. 125-26 cents as held by her. Both the declarations were clubbed together as the petitioner and his wife constitute a 'family unit' within the meaning of section 3(f) of the Act. The declarations were referred to the Tahsildar and Deputy Tahsildars of the concerned villages, and they submitted their verification reports. In the verification report relating to the declaration filed by the wife, it was mentioned that the extents of Ac. 20-7. cents of Karapa village, Ac, 2-61 cents of Chinamamidada village. 0-14 cents of Velangi village, belonging to her, were not shown in her declarator,. Survey No. 253/8 was wrongly mentioned as survey No. 253 with an extent of Ac. 2-40 cents while the correct extent is Ac. 2-27 cents The Tahsildar, Peddapuram, mentioned in his report that the lands of the extent of Ac. 41-39 cents in Anuru village of Peddapuram taluk, were gifted away by the wife to Merala Agastayya under a registered settlement deed, that the said Agastayya, declared the said lands in his declaration, and therefore they were excluded in computing the holding of the family unit comprising of the petitioner and his wife.

(2.) The petitioner filed objections with regard to the verification reports on behalf of himself and his wife. The main objection taken by the petitioner and his wife was that the following alienations made by them should be excluded in computing their holding:- Date of sale-deed or agreement. (1) Extent alienatcd (2) Village (3) Name of the alienee. (4) Ex. P- 1 dt. 29- 9-'71 A. C. 10-35 Velangi Godavari Gangaraju (P W. 2) P- 2 dt. 6-10-'71 3-63 Yandamuru Marina Satyanarayana (P. W.15) P- 3 dt. 5-ll-'71 5-60 2-66 Velangi Yandamuru Marina Govindu (P W. 3) P- 4 dt. l-2-'72 2-00 Velangi Marina Satyanaryana Murthy (P. W. 4) Ex P- 5 dt. 9-12-'70 Agreement 22-27 Dharmavaram Merla Atchamamba P- 6 dt. 4- 6-'71 (Sale-deed) 4-96 Rechapalli -do- P- 7 dt. 31-10-'71 P- 8 dt. 31-10-'71 P- 9 -do- P-lOdt. 6-10-'71 7-32 6-97 6-57 20-24 Dharmavarm -do--do- Surampalem Saladi Subba Rao & Saladi Joginadham (P. W 5) C. Veeraraju (P. W. 6) D. Peeraraju & three others. P. Venkatarao & Krishna Murti (P.W.8) P-11 dt. 9-12-'70 (Agreement of Sale) P-12 dt. 4- 6-'71 (Sale-deed) 18-12 Vommangi C. Padmaja (Niece of (P. W. 14) Alienations by wife : - P-15 dt. 10-12-'71 4-24 Yandamuru M. Ramanayamma (P, W. 12's mother) P-16 -do- 5-25 Velangi Neteti Srterama Charyulu (P. W. 9) P-17 -do- 5-44 do- A. Narayanamma (P W. 11) P-18 dt. 4-11-70 (Agreement of sale) 83-04 2-40 Anuru Karapa Merla Mangayamma (P. W. 10) P-20 dt. 9- 9-'71 P-21 dt. 24- 6-'52 (Trust deed) " In respect of Lands in Karapa and Chinamamidada villages. " Gift- deed dt. 21-10-'71 14-00 Yandamuru M. Veerayya.

(3.) The petitioner filed Exs. P-13 and P-14 typed copies of his Wealth-tax returns for the assessment year 1972-73, and Exs. P-22 and P-23 typed copies of Wealth-tax returns submitted by his wife for the assessment year 1972-73. He examined in all 15 witnesses including himself.