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1986 Supreme(AP) 523

P.A.CHOUDHARY
PELLETI GOPALA KRISHNA REDDY – Appellant
Versus
LAND REFORMS TRIBUNAL (ADDITIONAL REVENUE DIVISIONAL OFFICER), NELLORE – Respondent


P. A. CHOUDHARY, J.

( 1 ) THE petitioner in this writ petition made a declaration under the a. P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 in C. C. Nos. 1469 and 1470/gdr/75. The question that was considered by the land Reforms Tribunal in that case was, whether Exs. A. 17 to A. 23, which were seven registered documents, were hit by Sec. 7 of the A. P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, herein-after referred to as the act . Sec. 7 reads as follows"7. Special Provision in Respect of Certain Transfers Etc. Already made :where on or after the 24 January, 1971 but before the notified date, any person has transferred whether by way of sale, gift, usufructuary mortgage, exchange, settlement, surrender or in any other manner whatsoever, any land held by him or created a trust of any land held by him, then the burden of providing that such transfer or creation of trust has not been effected in anticipation of, and with a view to avoiding or defeating the objects of any law relating to a reduction in the ceiling on agricultural holdings, shall be on such person, and where he has not so proved, such transfer or creation of trust, shall be disregaened





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