BAPU RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These two revision petitions by the declarants in C. C. Nos. 195/75/YLR and 222 of 1975/YLR on the file of the Land Reforms Tribunal, Kamareddy, are directed against the common order in L. R. As. Nos. 37 and 45 of 1977 on the file of the Land Reforms Appellate Tribunal, Nizamabad. The petitioner in C. R. P. No. 3218 of 1977 is one Bapu Rao and his brother is one Venkat Rao. They are the sons of one Kishan Rao. Kishan Rao had an elder brother by name Appa Rao. Kishan Rao and Appa Rao were separated and Appa Rao settled down at Village Lingampet, where his share of properties were situated, and Kishan Rao continued at Makhdompoor Village, where the lands allotted to him were situated. Appa Rao was issueless and he executed a will under which he gave one-third of his properties to Bapu Rao and two-thirds to Bapu Rao's brother Venkat Rao, with a stipulation that one of them should come and settle down at Lingampet and that they should not alienate any of the properties bequeathed by him. Venkat Rao had two sons and one daughter by name Nirmala Bai, who is the petitioner in the other Civil Revision Petition (C. R. P No. 4320 of 1977). Bapu Rao has no children. As Venkat Rao's wife had died, Bapu Rao was bringing up Venkat Rao's daughter Nirmala Bai. She was his foster child. On 4th June, 1965, there was a family settlement between Bapu Rao, Venkat Rao and his children, as per the advice of the elders. In that family settlement, it was agreed that out of the properties, situate at Lingampet and bequeathed to Bapu Rao and Venkat Rao by Appa Rao, Bapu Rao was given a half share and his daughter, the foster child, Nirmala Bai, was given a half share. In view of that, neither Venkat Rao nor his two sons were to have any share or right, title or interest therein. All the properties at Makhdompoor were allotted to Venkat Rao and his two sons exclusively. This family settlement was reduced to writing and the same is marked as Ex. A-2. Later, on 27th October 1965, Bapu Rao took Nirmala Bai in adoption. Bapu Rao executed a document to evidence this adoption on the same day and it is marked as Ex. A-3. Likewise, Nirmala Bai's natural father, Venkat Rao, also executed a document recording the factum of adoption of Nirmala Bai by Bapu Rao. That is marked as Ex. A-4. Bapu Rao and Nirmala Bai filed declarations under section 8(1) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (here inafter referred to merely as 'the Act'), showing a half share in the Lingampet properties.

(2.) Both the Tribunals rejected the claim of the declarants that they were allotted a half share under the family settlement and computed the entire holding as that of Bapu Rao and determined the excess liable to be surrendered by him at 1.8087 Standard Holdings. In arriving at that conclusion, both the Tribunals also rejected the other contentions of the petitioners that the extent of land covered by Survey No. 635 of Pothaipalli Village and another extent of land covered by Survey No. 1077 of Lirgampet Village were sold away about thirty years ago and that the purchasers were in possession thereof over the statutory period and that the declarant ceased to have any right, title or interest therein on the specified date that is 1st January, 1975.

(3.) In these revision petitions, Mr. Ayyapu Reddy, the learned Counsel for the petitioners contends that both the Tribunals erred in rejecting the family settlement on the ground that it is unstamped and unregistered. According to him, they also erred in refusing to recognise the family settlement on the ground that Nirmala Bai had no prior title to the properties at Lingampet and she was not entitled to a share therein.