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1986 Supreme(AP) 263

I.P.RAO, K.RAMASWAMY
SATYANARAYANA SONI – Appellant
Versus
State OF A. P. COLLECTOR, MEDAK – Respondent


( 1 ) C. R. P. No. 495 of 1985 the petitioners-purchasers are respondents Nos. 7 to 9 and 11 to 17 in e. A. No. 6/84 which is renumbered from original E. A. No. 68/81 in E. P. No. 9/84 from original E. A. No. 21/80 in O. S. No. 27/1973 on the file of the court below. The 6th respondent, the State Bank of India obtained a mortgage final decree against respondents 1 to 5 on August 29, 1978 and in execution thereof, about 600 acres was sought to be sold. In the interregnum, under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holding) act, 1975, for short, "the Act", Acs. 150-00 was declared to be the surplus land. At the instance of the decree-holder, in an appeal, the Land Reforms appellate Tribunal directed the Bank to proceed in the first instance against the 150 acres of non-surplus land and if the decree debt is not realised, it was permitted to proceed against the surplus land for recovery of the residue decree debt since the decree of the Bank is exempt from the purview of the act. Pursuant thereto, on June 20, 1980, by an order of private sale passed under Order 21 Rule 83 C. P. C. , the non-surplus lands were sold at Rs. 2,500/- per acre and the sales were confirme







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