RAMAIAH Vs. DISTRICT COLLECTOR GUNTUR

JUDGEMENT

(1.) This is a revision petition filed under section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred 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 sons through the first wife, who had died 7 year prior to the date of filing of the declaration.

(2.) The petitioner stated that he had disposed of certain lands subsequent to 24-1-1971. The Land Reforms Tribunal held that the alienations haing 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. According the Tribunal included the alienated lands in the holding of the petitioner 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 inL.P.A. 82/1976. Before the Appellate Tribunal, he filed an application I.A.No. 345/1976 for receiving registration extracts of a partition deed dated 26-7-1971 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 connot be included in the family unit of the petitioner.But this contention was negatived by the appellate Tribunal in view of the defenition 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.