STATE OF ANDHRA PRADESH Vs. M R SUBBAIAH

JUDGEMENT

(1.) IN these two revision petitions filed under section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as the Act), the said question that arises for consideration is, whether a child in the womb of its mother on tha notified date viz , 1-1-1975 the date on which the Act came into force and which was born subsequently, is entitled to be treated as a members of the 'family unit' under section 3 (f) of the Act. C.R.P. No. 1578/1976 has been filed by the Government against the Land Reforms Appellate Tribunal, Ongole, in L.R.A. No. 46/1976, where the Chairman c f the said Tribunal took the view that such a child is member of the 'family unit' and the Member of the Appellate Tribunal took a contrary uiew. C.R.P. No. 1744/1976 has been filed by the declarant against the order of the Land Reforms Appellate Tribunal, Srikakulam, where the Appellate Tribunal took the view that such a child in the womb of its mother, could not be treated as a member of the family unit at defined in section 3 (f) of the Act. 'family unit' is defined in Sec. 3 (f) of the Act, as follows:- "Family unit" means- (i) in the case of an individual who has a spovse or spouses, such individual, the spouse or spouses an their minor sons and their unmarried minor sons and their unmarried minor daughters, if any: (ii) in the case of an indiTidual who has no spouse, such individual and his or her minor sons and unmarried miaor daughters. (iii) in the case of an individual who is a divorced husband and who has not remarried, such individul and his minor sons and unmarried minor daughters, whether in his custody or not, and (iv) Where an indivdiual and his or her spouse are both dead, their minor sons and unmarried minor daughters. Explanation:- Where a minor son is married, his wife and their off spring, if any, shall also be deemed to be members of the family unit of which the minor son is as member" Section 4 of the Act which prescribes the ceiling area of a family unit consisting of five members or more, and of an individual who is not a member of a family unit, reads ag follows:- "4, Ceiling area:- (1) The ceiling area in the case of a family unit consisting of not more than five members shall be an extent of land equal to one standard holding. (2) The ceiling area in the case of a family unit consisting of more than five members shall be an extent of land equal to one standard holding plus an additional extent of one fifth of one standard holding for every such member in excess of five, so however that the ceiling area shall not exceed two standard holdings. Under section 8 of the Act, a declaration has to be filled by every person if his holding on the notified date exceeds the ceiling area prescribed by the Act. Under section 9, the Tribunal has to determine the ceiling area on the basis of the declaration furnished or information obtained under section 8 of the Act, after making an enquiry in the prescribed manner. The Explanation to section 9 which is relevant for the purpose of these cases, reads as follows:-