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1994 Supreme(AP) 552

LINGARAJA RATH
M. V. Thimma Reddy – Appellant
Versus
Special Tahsildar, Land Refonns, Kurnool – Respondent


LINGARAJA RATH, J.

( 1 ) THIS case raises an interesting question regarding applicability of the proviso to Section 7 (5) of the Andhra pradesh Land Reforms (Ceiling on Agricultural Holdings) Amendment Act 1977 (Act no. X of 1977) (hereinafter referred to as the amendment Act ) to restoration of surplus land vested in the Government under the unamended Principal compensation in respect

( 2 ) ACCORDING to explanation 1 (a) to section 10 of the Act, a female member of the family unit cannot be required to surrender anything in excess of her proportionate share. There have, however, been persistent representations for removing the above restriction and for leaving the choice of the lands to be surrendered to the members of the family. It is, therefore, proposed to amend the above provision of the Act suitably to permit surrenders in excess of the proportionate share by the female members. 3. According to Section 3 of the Act, the expression owner has been defined so as to include a person entitled to a vested remainder. Hence, lands to which a person is entitled as a vested remainder are to be clubbed with the lands which he may separately own and both together will comprise his hold





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