DATLA SESHI REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The civil revision petition has arisen under the provisions 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 of the Act declaring Ac. 14-491/2 cents of wet land as the holding of the family unit consisting of himself, his wife and a son. He has four daughters, who were married in the year 1955, 1960, 1965 and 1969. The verification Officer has stated in his report that the declarant's holdings consist of Ac. 26-651/2 cents of wet land equivalent to 1.4726 standard holdings. The petitioner filed objections which are two-fold. The first objection of the petitioner is that he is the only son of his father Veera Reddy, who died in the year 1955, and he executed a will (Exhibit A-1) on 24th September, 1955, one month prior to his death. It was recited in Exhibit A-l that there was a partition between the father and the son earlier and out of the properties which fell to the share of Veera Reddy, he bequeathed Ac. 2-80 cents to his son, the petitioner; Ac. 4-75 cents to the petitioner's second daughter Koteswaramma, and Ac. 4-11 cents to the petitioner's fourth danghter Rajyalakshmamma. There is also a direction in the will that the property given to the granddaughters should be given possession to them after their marriages. It is the case of the petitioner that as per the direction given in the will his two daughters were put in possession of the two extents mentioned above in the year 1972.

(2.) The second objection of the petitioner is that his son was a major on 1st November, 1975, the notified date and therefore they are entitled to retain land equivalent to two standard holdings, in which case there will not be any excess at all.

(3.) The Land Reforms Tribunal, Tenali, found that Exhibit A-1 will is not a genuine one and the petiti oner himself has stated in his declaration that his son was aged 17 years, but subsequently only during the enquiry before the Land Reforms Tribunal he put forth the plea that he was aged 19 years, no documentary evidence in support of the age has been filed and in the absence of evidence regarding the date of birth he should be trated as a major. On the ground that the extent of Ac. 2-80 cents comprised in survey No. 180 has been repeated twice in the verification report, by ordering the deletion of the same, the Land Reforms Tribunal found the holding of the family unit of the petitioner at 1. 3171 standard holdings and on the ground that the family unit is entitled to one standard holding found that the extent of land equivalent to 0.3171 standard holding is in excess of the ceiling area.