( 1 ) THE civil revision petition is directed against the Judgment and Order dated 6th november, 1997 passed by the District munsif, Nandigama, in E. P. No. 36 of 1993 arising out of O. S. No. 42 of 1987 whereby and whereunder an application for attachment of the property filed by the decreeholder-opposite party in terms of order 21 Rule 54 and Order 21 Rules 64 and 66 of the Code of Civil Procedure, was disposed of directing as follows:"perused the evidence on record and as per the evidence of P. W. 1, the property under attachment was assigned to the J. Dr. in the year 1980 and since 10 years is elapsed. She has got salable interest and therefore the property is liable for sale. Whereas r. W. 1, the son of J. Dr. deposed to the effect that the J. Dr. has no salable interest in the property in question since it was assigned by the government. As per the evidence from both sides no doubt the property under attachment was assigned to the j. Dr. But since already 10 years ceiling period is elapsed from the date of assignment in the year 1980. The J. Dr. has got salable interest in the said property and, therefore, it is liable for sale for the recover of the decretal amount. Hence, for S. P. and E. C. to be filed, call on 18-12-97. "

( 2 ) THE only contention raised in this application is that by reason of the provisions of A. P. Assigned Lands (Prohibition of Transfers) Act, 1977 (Act 9 of 1977), the said order could not have been passed. Sections 3 and 4 of the aforementioned order read as under: "3. Prohibition of transfer of assigned lands: (1) Where, before or after the commencement of this Act, any land has been assigned by the Government to a landless poor person for purposes of cultivation or as a house-site, then, notwithstanding anything to the contrary in-any other law for the time being in force or in the deed of transfer or other document relating to such land, it shall not be transferred and shall be deemed never to have been transferred; and accordingly no right or title in such assigned land shall vest in any person acquiring the land by such transfer. (2) No landless poor person shall transfer any assigned land, and no person shall acquire any assigned land, either by purchase, gift, lease, mortgage, exchange or otherwise. (3) Any transfer or acquisition made in contravention of the provisions of sub-section (1) or sub-section (2) shall be deemed to be null and void. (4) The provisions of this Section shall apply to any transaction of the nature referred to in sub-section (2) in execution of a decree or order of a civil court or of any award or order of any other authority. (5) Nothing in this Section shall apply to an assigned land which was purchased by landless poor person in good faith and for valuable consideration from the original assignee or his transferee prior to the commencement of this Act and which is in the possession of such person for purposes of cultivation or as a house-site on the date of such commencement. 4. Consequence of breach of provisions of Section 3:- (1) If in any case, the district Collector or any other officer not below the rank of a Mandal revenue Officer, authorized by him in this behalf, is satisfied that the provisions of sub-section (1) of Sec. 3, have been contravened in respect of any assigned land, he may, by order-- (A) take possession of the assigned land, after evicting the person in possession in such manner as may be prescribed; and (B) restore the assigned land to the original assignee or his legal heir, or where it is not reasonably practicable to restore the land to such assignee or legal heir, resume the assigned land to Government for assignment to landless poor persons in accordance with the rules for the time being in force: provided that the assigned land shall not be so restored to the original assignee or his legal heir more than once, and in case the original assignee or his legal heir transfers the assigned land again after such restoration,