SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1992 Supreme(AP) 529

Andhra Pradesh High Court
Judges : B.SUBHASHAN REDDY
G.Thimma Reddy - Appellant
Versus
Special tahsihdar, Land Reforms - Respondent
C.R.P.No.605/88 etc.
Decided On : 10-13-92
Advocates Appeared :
M/s. E. Ayyapureddy,K. Harischandrareddy

Headnote:A P land Reforms (Ceiling on Agricultural Holdings) Act, 1973 and Hindu Marriage Act, Secs4 and 29(2)-Settlement deed executed by husband belonging to Reddy Community in Kurnool District in favour of his first wife -Subsequent divorce of first wife in 1957 by conveying meeting of caste ciders as per custom Divorce proved by first wife by oral and documentary evidence - Her holding cannot be clubbed with the holding of her husband

       Held : In view of Sub-Sec 2 of 29 of Hindu Marriage Act, 1955 overriding effect of sub-sec 4(a) thereof will not operate, In this case, the fads with regard to existence of custom and the divorce of the wife with the husband have been amply proved not only by oral evidence but also the deed of divorce and absolutely there cannot be any doubt with regard to the genuinity of the same In the circumstances there exists a custom in the caste to which both the husband and the wife belong, that they were separated during the year 1957 and had been separately living and that she has been in exclusive possession of the lands settled in her favour and that both of them got divorce before the caste elders on 5-3-1962 Therefore the holding of the wife cannot be clubbed with the holding of her husband or his sons or daughters and consequently she shall be entitled to a separate holding of her own as an individual

       C R Ps Allowed

B. SUBHASHAN REDDY, J.

( 1 ) THESE four Civil Revision Petitions arise under the A. P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (in brief the Act ) which came into effect from 1-1-1975 onwards.

( 2 ) ONE G. Virupaksha Reddy was the kartha of the joint family owning the lands in question. He had two wives viz. , Nagalakshmamma and Sumitramma. Through Nagalakshmamma, he had no issues and thereafter he married sumitramma and through her begot three sons viz. , Thimma Reddy, hanumantha Reddy and Srinivasa Reddy and four daughters Ramalingamma, parijathamma, Sarojamma and Sunithamma. Out of the above offsprings, son thimma Reddy and daughters Ramalingamma, Parijathamma and Sarojamma were majors, while Hanumantha Reddy, Srinivasa Reddi and Sunitamma were minors. Six declarations have been filed by the following family members; (1) G. Virupaksha Reddy (C. C. No. 2442/alur/75) (2) G. Thimma Reddy (C. C. No. 2443/alur/75) (3) G. Sarojamma (CCNo. 2446. ALUR/75) (4) G. Hanumantha Reddy (CC. No. 2447/alur/75) (5) G. Sreenivasa Reddy (C. C. No. 2448/alur/75) (6) G. Nagalakshmamma (C. C. No. 1558/alur/75)ALL the declarations were taken-up together and after enquiry is being held, the Primary Tribunal by order dated 25-2-1977 held that excepting G. Thimma reddy who was entitled for a separate holding being not a member of family unit of his father, other declarants were the members of family unit of g. Virupaksha Reddy and allowed only one family holding for all the said persons put together headed by G. Virupaksha Reddy as the Kartha of the joint family. Accordingly the standard holdings held by them i. e. , G. Virupaksha reddy and G. Thimma Reddy were arrived at, and after allowing one standard holding for each of the said persons heading the family units, the balance was held to be in excess of ceiling area, and in the appeal the family units as arranged by the primary Tribunal was not disturbed, but the contentions with regard to some other points were accepted and consequently the standand holdings held by them were reduced and nevertheless it was held that they were excess land holders to the extent of several units over and above the permissible ceiling areas, and that the same was liable to besurrendered. This was in L. R. A. No. 2457 / 77 and the judgment by the said Appellate Tribunal was rendered on 30-12-1978. The said Appellate Tribunal has held that G. Virupaksha Reddy family unit was holding surplus area equivalent to 7. 5807 S. H. , and G. Timma reddy is a surplus holder of 2. 5269 S. H. , Revision was preferred in C. R. P. No. 2038 / 80 and the same was decided on 24-9-1981; but only one relief of deduction of double computation was ordered to be given on verification and the contention with regard to pasupu kumkuma was rejected, while on the issue of divorce of first wife the matter was remitted back to the Appellate tribunal for fresh disposal. On remand, the L. R. A. was re-numbered as 77 / 81 and again the Land Reforms Appellate Tribunal, Kurnool rendered judgment on 31-12-1987 accepting the contention of double computation and directing deduction of the same, but repelling the contention with regard to divorce of the first wife. These Civil Revision Petitions have been preferred against the said judgment rendered by the Land Reforms Appellate Tribunal, Kumool. While c. R. P. No. 605. 88 was preferred by G. Thimma Reddy, C. R. P. No. 1336 / 88 was preferred by three daughters viz. , Ramalingamma, Partjathamma and sarojamma. While C. R. P. No. 1683 / 88 was preferred by Nagalakshmamma, c. R. P. No. 1758 / 90 was preferred by Hanumantha Reddy and Srinivasa Reddy.

( 3 ) MR. E. Ayyapu Reddy, the learned counsel has appeared for ramalingamma, Thimma Reddy, Hanumantha Reddy and Srinivasa Reddy, while Mr. Harischandra Reddy has appeared for Nagalakshmamma.

( 4 ) MR. E. Ayyapu Reddy, the learned counsel, leading the arguments, has submitted that even though several points were raised, he is stressing only wi












Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top