ANNAPURNAMMA Vs. SPECIAL DEPUTY TAHSILDAR

JUDGEMENT

(1.) These two revisions under section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as the Act) have been referred to a Bench by Madhava Reddy, J., (as he then was) by order dated. 30-3-1979, because there was difference of opinion in the decisions of single Judges of this Court.

(2.) K. Ramachandra Rao, J., (as he then was) in his judgment dated 3-8-1977 in C.R.P. Nos. 792 to 794/1977 held that a decision rendered by the Primary Tribunal on a declaration under Section 8 of the Act after the death of the declarant and without bringing on record his legal representatives or giving them an opportunity in the proceedings for determination of the holding of the deceased is a nullity. (The implication is that the proceedings as such do not abate).

(3.) Channakesav Reddy, J., (as he then was) in the judgment reported in A. Appalaswamy Naidu vs. State of A.P.(1) held that in the case of death of a declarant, if no legal representative was brought on record within the time allowed under Article 120 of the LIMITATION ACT, 1963, the proceedings abate (the inference being that surrender cannot be enforced on the basis of any subsequent decision in the said proceedings). He also held that a will executed by a declarant is not hit by Section 17 of the Act, as it does not amount to transfer or alienation contemplated by it and it operates from the date of death of the testator-declarant. In this view, he held that the legatees are to include the bequest acquired on his death in their respective holdings and file declarations wherever necessary.