K.RAMASWAMY, M.N.VENKATACHALIAH
State of A. P. – Appellant
Versus
S. Vishwanatha Raju – Respondent
ORDER
1. Heard counsel for the parties.
2. Delay of 3 years and 178 days is condoned.
3. Substitution allowed. Leave granted.
4. The only question that arises in these appeals is whether the lands of vendors and the vendees under agreements to sell, Ex. A-l and Ex. A-4 dated 20-10-1970 and 9-12-1970 to the extent of 456.56 acres and 433.17 acres, respectively, are liable to be included in their holdings. This point is no longer res Integra. This Court in Yedida Chakradhararao v. State of A.P.1, affirming the judgment in State of A.P. v. Mohd. Ashrafuddin2, held that when the land was sought to be sold under an agreement to sell, the land should be included in the holdings of the owner as well as the person who held the land. In other words, this Court has construed A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 and held that the land should be included in the holdings of the vendor as well as the vendee. Though the agreement to sell does not confer title nor divest the title of the vendor, the person who held the land should also furnish necessary declaration under the Act when he is in possession of the land in excess of the ceiling area. In this view of the matter, th
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