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Andhra Pradesh High Court
Judges : K.B.SIDDAPPA
Gangi Pothuraju - Appellant
Versus
Merla Surya Prabhakarrao - Respondent
Decided On : 09-04-96
LAND REFORMS - SURRENDER OF LAND - ACCEPTANCE OF LAND - CONDITIONS - SECTION 10(5) OF THE ANDHRA PRADESH LAND REFORMS (CEILING ON AGRICULTURAL HOLDINGS) ACT, 1973 - LAND IN POSSESSION OF THIRD PARTIES - REJECTION OF SURRENDER - VALIDITY.
Fact of the Case:
The declarant proposed to surrender land in S. No. 200/1 of Doddigunta village, which was in possession of third parties (Revision Petitioners). The Land Reforms Tribunal and Appellate Tribunal rejected the surrender, holding that the land could not be accepted as it was in the possession of third parties. The Revision Petitioners, who purchased the land in 1987, challenged the rejection of the surrender.
Finding of the Court:
The court held that the land in S. No. 200/1 was in possession of third parties and that the declarant had sold the land under an agreement of sale to Gorthi Sathiraju, who had included the land in his declaration and surrendered the excess. The court further held that the subsequent sales by the declarant and Gorthi Sathiraju to the Revision Petitioners were not hit by Section 17 of the Act as they were made after the proceedings in L. C. C. 1930/pdp/75 ended.
Issues: 1. Whether the land in S. No. 200/1 could be accepted for surrender when it was in possession of third parties? 2. Whether the subsequent sales by the declarant and Gorthi Sathiraju to the Revision Petitioners were hit by Section 17 of the Act?
Ratio Decidendi: 1. Section 10(5) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 provides that the authorities may refuse to accept surrender of land if it is in the possession of a mortgagee or a person in part performance of a contract. 2. The object of the Act is to distribute land to the needy, and this purpose would be frustrated if the land is in the possession of third parties who would need to be evicted.
Final Decision: The court set aside the judgment under Revision and allowed the Civil Revision Petition, holding that the land in S. No. 200/1 could not be accepted for surrender as it was in the possession of third parties.
( 1 ) THIS Revision is filed against the judgment passed in L. R. A. No. 73/93 on the file of Land Reforms Appellate Tribunal, East Godavari.
( 2 ) THE brief facts of the case are as follows:- 1st respondent is the declarant. He is found to have surplus land equivalent to 0. 6761 Standard Holding. He proposed to surrender Ac. 24. 98 cents in s. No. 200/1 of Doddigunta village in addition to other land. After publication of Form VIII Notice the petitioners 1 to 4 filed petition before the Land Reforms tribunal claiming title over the land and requested the lower Tribunal to refuse to accept the surrender made by the declarant. The lower Tribunal negatived the claimof the third parties (Revision Petitioners ). Aggrieved by the said order they filed Appeal. The Appeal also went against them.
( 3 ) AGGRIEVED by the said Judgment the present Revision is filed.
( 4 ) AS stated earlier, 1st respondent is the declarant. He surrendered the land in S. No. 200/1 to an extent of Acs. 24-98 cents, situated in Doddigunta village. The contention of the Revision petitioners is that the 1st respondent had sold this land in favour of one Gorthi Sathiraju under Ex. A-3 dated 10-3-1972 which is agreement of sale for a total consideration of Rs. 30,000/ -. On the date of the transaction, an amount of Rs. 10,000/- was given in advance. There is an endorsement of the 1st respondent marked as Ex. A-5 dated 26-4-1972 that an amount of Rs. 15,000/- was received from Gorthi Sathiraju and physical possession of the land was also delivered to him. Mr. M. Surya Prakash Rao (sic.) (R-1) put his signature. It can be said that sale under agreement Ex. A-3 dated 10-3-72 is a sham transaction made to defeat the purpose of the Act. There is no allegation to this effect. Mr. Gorthi Sathiraju also included this land in his declaration in L. C. C. No. l930/pdp/75 because he is in possession of the land. The Land Reforms Appellate Tribunal in its proceedings dated 15-6-1977 determined the excess land of Mr. Gorthi Sathiraju including this land purchased under agreement of sale. On appeal by Mr. Gorthi Sathiraju the Land reforms (Appellate) Tribunal in L. R. A. No,642/78 modified the order of the land Reforms Tribunal and allowed the Appeal partly by its order dated 23-4-1979. The Civil Revision Petition filed by the Authorised Officer against the order passed in L. R. A. No. 642/ 78 was dismissed by the High Court. Ultimately the surrender proposals made by Mr. Gorthi Sathiraju was accepted by the land Reforms Tribunal to an extent of 51 cents in S. No. 200/1 of Doddigunta village by proceedings dated 18-7-1980.
( 5 ) SUBSEQUENTLY, Mr. Gorthi Sathiraju and the 1st respondent, by a registered sale deed dated 11-4-1980 (Ex. C-6) sold an extent of Ac. 4-47 cents in s. No. 200/1 out of the total extent of Ac. 24-98 cents to one Valisa Satyam for a total consideration of Rs. 7168/- and was given possession to. Again the 1st respondent in the Revision and Gorthi Sathiraju jointly executed a registered sale deed dated 11-4-1980 (Ex. C-7) in favour of Vepakayala Radhakrishna veeneswari, adopted daughter of Vepakayala Venkateswararao. The extent sold is Acs. 10. 00 out of Acs. 24. 98 cents in S. No. 200/1 of Doddigunta village. Mr. Gorthi Sathiraju and the 1st respondent again sold an extent of Acs. 10. 00 in the same survey number for a total consideration of Rs. 16,000/- under Ex. C-8, dated 11-4-1980 in favour of one Vepakayala Brahmajirao and Vepakayala Venkateswararao, s/o. Chander Rao. The possession was also delivered to the purchaser.
( 6 ) VALISA Satyam (purchaser under Ex. C-6) sold Ac. 4-47 cents in s. No. 200/1 for a consideration of Rs. 35,800 / - to Gangi Veeraraju s/o Pothuraju of Kalavalagoyya of Rajahmundry Rural Mandal. The possession was also given to him on the same day. (Ex. C-1 dated 15-4-1987 ). The Revision Petitioner no. 1 purchased an extent of Acs. 5. 00 in S. No. 200/1 under Ex. C-2 dated 23-5-1987 for a total consideration of Rs
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