GANGABAI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Civil Revision Petition arises out of the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The petitioner filed a declaration under section 8 of the Act. Her family unit consists of herself, her husband and one minor son. The Land Reforms Tribunal, Medak, found that the family holding of the petitioner consists of land equivalent to 0.9304 standard holding and on the ground that the family unit is entitled to retain land equivalent to one standard holding, towards the ceiling area the Tribunal declared that there is no excess land held by the family unit to surrender. Against the order of the Land Reforms Tribunal, the Government took the matter in appeal before the Land Reforms Appellate Tribunal, Medak. The contention of the Government is that the Land Reforms Tribunal committed a mistake in excluding land of an extent of Ac. 19-26 guntas comprised in S. Nos. 74, 454/2, 620, 776, 198 and 201 of Andol village and that land should be included in the holding of the family unit of the petitioner, in which case there will be excess land equivalent to 0.5576 standard holding. That contention of the Government was accepted by the Appellate Tribunal and accodingly the appeal was allowed. Hence this Civil Revision Petition by the declarant.

(2.) The question for consideration is, whether the extent of Ac. 19.25 guntas of land mentioned above is liable to be included in the holding of the family unit. Admittedly, the petitioner is in possession of this land. It is not doubted that this land is owned by the Deity of Rajarajeswari Temple of Andol village and the petitioner is enjoying it as a service holder.

(3.) In this connection, it is necessary to examine the definition of 'holding' given under section 3 (i) of the Act which is in the following terms: