NARIKELAPU RAMAIAH Vs. A P STATE REPTD

JUDGEMENT

(1.) This is a revision petition filed under Section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agriculural Holdings) Act, 1973 (hereinafter referred to as the Act), by the declarant in CC.No.10/PLD/75 on the file of the Land Reforms Tribunal, Narasaraopet. The family unit of the declarant consists of himself, his second wife, and two minor SODS through the first wife who had died 7 years prior to the date of filing of the declaration.

(2.) The petitioner siated that he had disposed of certain lands subsequent to 24-1-1971. The Land Reforms Tribunal held that the alienations having been effected subsequent to 24.1.1971, they should be ignored as they appeared to have been effected with a view to avoid the Ceiling Law. Accordingly the Tribunal included the alienated lands in the holding of the petitioner and determined the extent of the holding of the petitioner as Ac. 33. 82 cents equivalent to 1.2234 standard holdings, and that the family unit consisting of the petitioner, his wife and two minor sons was held entitled to one standard holding, and the excess to be surrendered was determined as O. 2334 standard holdings.

(3.) The petitioner carried the matter in appeal to the Land Reforms Appellate Tribunal, Guntur in L.R.A. 82/1976. Before the appellate Tribunal he filed an application J.A.No. 345/1976 for receiving registration extracts of a partition deed d/?6-7-1971 as additional evidence. That petition was allowed, and the partition deed was admitted in evidence, and marked as Ex. P-4. Under the said partition deed the petitioner was allotted Ac. 15-35 cents, his first minor son Ac. 10-45 cents, and second minor son Ac. 10-98 cents. It was contended before the appellate Tribunal that in view of the aforesaid partition, the minor sons cannot be included in the family unit of the petitioner. But this contention was negatived by the Appellate Tribunal in view of the definition of ''family unit" in section 3(f) of the Act, which includes in the case of an individual, his wife or wives and minor sons The gift of land made by the petitioner under Ex. P-2 in favour of his first daughter through his first wife, was upheld by the Appellate Tribunal and the said land excluded from the hodling of the petitioner. The sale of Ac. 2-50 cents of land under Ex. P-3 dated 28-6-1971 by the petitioner in favour of his co-son-in-law, was not accepted by the appellate Tribunal on the ground that the petitioner had not shown that the sale was not effected in anticipation of and with a view to avoid the Ceiling Law. Accordingly the appeal was partly allowed, and the order of the Tribunal modified by directing that the land covered by the gift-deed Ex. P-2, should be excluded from the holding of the petitioner.