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Andhra Pradesh High Court
Judges : B.S.A.SWAMY, M.N.RAO
Vaddi Veeraiah - Appellant
Versus
Agent to government, Khammam - Respondent
Decided On : 08-16-95
LAND TRANSFER REGULATION - ANDHRA PRADESH SCHEDULED AREAS LAND TRANSFER REGULATION, 1959 - SECTION 3(1)(A), 3(1)(B), 3(2) - TRANSFER OF IMMOVABLE PROPERTY BY A MEMBER OF A SCHEDULED TRIBE - NULL AND VOID - POSSESSION OF IMMOVABLE PROPERTY BY A NON-TRIBAL - PRESUMPTION OF ACQUISITION THROUGH TRANSFER FROM A TRIBAL - BURDEN OF PROOF ON NON-TRIBAL TO ESTABLISH VALID TITLE.
Fact of the Case:
A non-tribal appellant purchased land from a tribal respondent in 1960, before the Andhra Pradesh Scheduled Areas Land Transfer Regulation (LTR) was extended to the area. The Special Deputy Collector dismissed proceedings to declare the transaction null and void, but the Agent to the Government allowed an appeal and set aside the transaction, finding that the appellant came into possession of the land only in 1973-74. The appellant challenged this decision in a writ petition, which was dismissed by the High Court.
Finding of the Court:
The High Court held that the document in question was a sale deed and not an agreement of sale, and therefore, it was hit by Section 54 of the Transfer of Property Act since it was not registered. The court also held that the appellant could not rely on Section 53A of the Transfer of Property Act, as a Full Bench of the court had previously held that a transfer contravening the provisions of Section 3(1)(a) of the LTR would not be saved even if it conformed to the relevant provisions of the Transfer of Property Act. The court further held that the presumption under Clause (b) of Section 3(1) of the LTR placed the burden on the appellant to establish that the land purchased by him originally belonged to a non-tribal, which he failed to do.
Issues: 1. Whether the document in question was a sale deed or an agreement of sale. 2. Whether the appellant could rely on Section 53A of the Transfer of Property Act to maintain his possession of the land. 3. Whether the appellant had discharged the burden of proof to establish that the land purchased by him originally belonged to a non-tribal.
Ratio Decidendi: 1. The court held that the document in question was a sale deed and not an agreement of sale, as it was described as a "vikraya pathramu" (sale deed) in Telugu and recited a consideration of rupees eight hundred. 2. The court held that the appellant could not rely on Section 53A of the Transfer of Property Act, as a Full Bench of the court had previously held that a transfer contravening the provisions of Section 3(1)(a) of the LTR would not be saved even if it conformed to the relevant provisions of the Transfer of Property Act. 3. The court held that the appellant had not discharged the burden of proof to establish that the land purchased by him originally belonged to a non-tribal, as the presumption under Clause (b) of Section 3(1) of the LTR placed the burden on him to do so.
Final Decision: The High Court dismissed the appellant's writ petition, vacated the interim orders granted earlier, and made the absolute order of 18-6-1990 final.
( 1 ) THIS writ appeal is from the judgment of a learned single judge dismissing the Writ Petition No. 16934 of 1988 filed by the appellant herein, who is a non-tribal, seeking a writ of certiorari to call for the records pertaining to the order passed by the Agent to government, Khammam, in CMA No. 12 of 1985 dated 25 October 1988 allowing the appeal filed by respondents 4 to 6, the legal representatives of the third respondent-tribal, setting aside the order passed by the Special Deputy Collector, Tribal welfare, Paloncha, in Case No. 247/79 dated 7-7-1983.
( 2 ) THE appellant herein allegedly purchased one acre and twenty guntas of land covered by survey No. 295/1 situated in Karivarigudem, Khammam District, for a consideration of rupees eight hundred from the third respondent, a tribal, on 3-5-1960 under an unregistered sale deed executed on a one rupee and fifty paise stamp paper. The village Karivarigudem is in a scheduled area governed by the provisions of the Fifth Schedule to the constitution of India. The Special Deputy collector issued notice to the appellant to show cause why the transaction should not be declared as null and void since the same was in breach of Regulation 3 (1) of the andhra Pradesh Scheduled Areas Land transfer Regulation 1959 (hereinafter referred to as the LTR ). The explanation submitted by the appellant, it appears, was to the effect that he purchased for a valid consideration before the LTR came into force. Accepting the same, the Special deputy Collector dropped the proceedings by his order dated 7-7-1983. Aggrieved by that, the respondents 4 to 6, the legal representatives of the third respondent-tribal, preferred appeal, CMANo. 12 of 1985, before the Agent to the Government, Khammam, who by his order dated 25-10-1988, allowed the same and set aside the transaction taking the view that the "revenue records disclose that the respondent (appellant herein) came into possession of the said land only in the year 1973-74. There is no cogent evidence to show that the respondent had purchased the said land prior to 1-12-1963" and, on that view, directed restoration of the land to the respondents 4 to 6 herein. It must be mentioned in this context that the LTR was made applicable, in the first instance, only in certain districts of Andhra Area but the same was extended to Telangana Area by Regulation 2 of 1963 with effect from 1-12-1963. Sub-sections (1) and (2) of section 3 of the LTR read as follows:" 3. Transfer of Immovable Property by a member of a Scheduled Tribe :- (1) (a) Notwithstanding anything contained in any enactment, rule or law in force in the Agency Tracts, any transfer of immovable property situated in the Agency tracts by a person, whether or not such person is a member of a scheduled Tribe, shall be absolutely null and void, unless such transfer is made in favour of a person, who is a member of a Scheduled Tribe or a society registered or deemed to be registered under the Andhra Pradesh co-operative Societies Act 1964 (Act 7 of 1964) which is composed solely of members of the Scheduled Tribes. (b) Until the contrary is provide, any immovable property situated in the agency tracts and in the possession of a person who is not a member of scheduled Tribe, shall be presumed to have been acquired by such person or his predecessor in possession through a transfer made to him by the member of a Scheduled Tribe. (c) Where a person intending to sell his land is not able to effect such sale, by reason of the fact that no member of a scheduled Tribe is willing to purchase the land or is willing to purchase the land on the terms offered by such person, then such person may apply to the Agent, the Agency Divisional officer or any other prescribed officer, as the case may be, who may, by order, take over such land on payment of compensation in accordance with the principles specified in Section 10 of the Andhra Pradesh Ceiling on Agricultural holdings Act 1961 (Act X of 1961) a
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