( 1 ) THIS revision is filed under Section 21 of the A. P. Land Reforms (Ceiling on agricultural Hoidings) Act, 1973 (for short "the Act") by the legal representatives of the original declarant.

( 2 ) IT is sufficient to refer to the facts of this case from the stage where the Primary tribunal passed order dt. 23-3-1994 holding that the declarant held an extent of ac. O. 2137 S. H. in excess of ceiling limits. The declarant was one Smt. Surayamma w/o. Bangar Raju. Consequent on the orders dt. 23-3-1994, the Primary Tribunal initiated proceedings under Section 10 (4) of the Act for surrender of excess lands. Since the lands are not being surrendered, the primary Tribunal undertook selection of the lands from the lands held by the declarant. Accordingly, notices were issued in Form no. 8 on 21-5-1995 selecting certain survey numbers for surrender.

( 3 ) AT this stage I. A. No. 9 of 1995 was filed stating that late Bangar Raju, the husband of the declarant executed a will dt. 20-5-1970 bequeathing life interest in favour of his wife Smt. Surayamma in respect of the lands in S. Nos. 513/3,489/4, 489/2, 1043 and 1129 and the vested remainder in favour of them (respondents 2 and 3); that Sri Bangar Raju died on 30-6-1972; that consequent on the death of bagar Raju, the will became operative and smt. Surayamma got life interest in respect of those lands; Smt. Surayamma, the declarant, died on 13-7-1986; that thereafter the vested remainder reverted to the respondents 2 and 3 and in that view of the matter, the very computation of these survey numbers in the holding of surayamma was contrary to law and ultimately they prayed that these items of lands are liable to be reverted to them. In support of their contention, they have also stated that on the basis of the will, o. P. No. 13 of 1974 was filed in the Court of subordinate Judge, Amalapuram and succession Certificate was issued to them by that Court acting upon the will. Before the Primary Tribunal they filed the will marked as Ex:c. l, the petition filed in o. P. NO. 13 of 1974, marked as Ex: C2, the order passed in O. P. No. 13 of 1974, marked as Ex:c. 3, the Succession Certificate, marked as Ex: C. 4 and death extract of the declarant marked as Ex: C. 5.

( 4 ) THE Primary Tribunal dealt with these contentions and refused to accept the same on the following grounds: (a) that the will Ex: C. 1 was written only on plain paper; (b) that the Succession Certificate, ex: C. 4 passed by the Subordinate judge, Amalapuram in O. P. No. 13 of 1974 was subsequent to the crucial date i. e. 2-5-1972 and as such it is not binding; and (c) that the mutation has not taken place in favour of the applicants in la. subsequent to the death of the declarant on 13-7-1986.

( 5 ) ON these conclusions, the Primary tribunal rejected the LA. The petitioners herein filed L. R. A. No. 73 of 1995 before the land Reforms Appellate Tribunal, kakinada against the order of the Primary tribunal.

( 6 ) THE Land Reforms Appellate Tribunal had discussed the legal position as to the consequences of the will as well as the scope and ambit of the life interest and the vested remainder under the will, the permissibility of computation of lands in respect of which the declarant had only a life interest with reference to the various judgments reported in 1994 (1) JT SC 11, 1992 (3) ALT 189,1978 (1) APLJ 271 etc. On legal position, the Appellate Tribunal was convinced that if a declarant gets only a life interest under a will, such land cannot be included in the holding of the declarant, however, as to the genuineness of the will, having noted the findings of the Primary tribunal it went a step further and observed as under:"they have not filed the said will in o. P. No. 13 of 1974 to substantiate their contention. If the will is filed before any Court or Tribunal of in any earlier proceedings, there may be some force in the contention raised by them in the appeal. "

( 7 ) HAVING recorded this finding, the appellate Tribunal

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