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1980 Supreme(AP) 133

Andhra Pradesh High Court
Judges : A.SEETHARAM REDDY
M.Bhagyalakshmi - Appellant
Versus
State OF A.P. represented by its Authorised Officer, Land Reforms, Vijayawada - Respondent
Decided On : 04-23-80

A petition for review of an order passed by the Land Reforms Tribunal under Rule 16 (5) of the Rules framed under the A. P. Land Ceiling Act, on the ground of fraud, must be filed within 30 days from the date of the knowledge of the fraud. The petition must set out the full particulars of the fraud, including the date of discovery, the circumstances leading to the discovery, and the source of the information.

Headnote:

LAND CEILING ACT - REVIEW OF ORDER - FRAUD - LIMITATION - SECTION 17 OF THE LIMITATION ACT, 1963 - ARTICLE 124 OF THE LIMITATION ACT, 1963 - RULE 16 (5) OF THE RULES FRAMED UNDER THE A. P. LAND CEILING ACT - A petition for review of an order passed by the Land Reforms Tribunal under Rule 16 (5) of the Rules framed under the A. P. Land Ceiling Act, on the ground of fraud, must be filed within 30 days from the date of the knowledge of the fraud. The petition must set out the full particulars of the fraud, including the date of discovery, the circumstances leading to the discovery, and the source of the information.

Fact of the Case:

The petitioner and her late husband filed declarations before the Land Reforms Tribunal, stating that they had filed a petition for dissolution of their marriage on 12-1-1971. The Tribunal determined that the petitioner was holding 1.0111 standard holdings and she surrendered the excess land. Later, the Authorised Officer filed a petition for review, alleging that the divorce was actually filed on 12-11-1971 and that the petitioner had suppressed this fact. The Tribunal rejected the petition, but the Appellate Tribunal allowed it.

Finding of the Court:

The court held that the petition for review was not filed within 30 days from the date of the knowledge of the fraud, as required by Section 17 of the Limitation Act, 1963 and Article 124 of the Limitation Act, 1963. The court also held that the petition did not set out the full particulars of the fraud, as required by law.

Issues: 1. Whether the petition for review was filed within time? 2. Whether the petition set out the full particulars of the fraud?

Ratio Decidendi: 1. The court held that the petition for review was not filed within time, as it was filed more than 30 days after the Authorised Officer came to know of the fraud. 2. The court held that the petition did not set out the full particulars of the fraud, as it did not state the date of discovery, the circumstances leading to the discovery, and the source of the information.

Final Decision: The court set aside the order of the Appellate Tribunal and allowed the civil revision petition.

A. SEETARAM REDDY, J.

( 1 ) DILIGENCE on the part of the concerned authorities in this case would have turned out a different decision. The facts are that on 2-5-1960 the petitioner herein was married to one Kutumba Rao who deid on 16-2-1961. Thereafter on the advice of elders the inlaws of the petitioner herein adopted one Satyanarayana and the young widow was married to the said Satyanarayana on 19-4-1961. They had a happy marital life for over Seven years and begot two children also. But, then differences arose and at the intervention of elders there was a settlement on 15-6-1968 resulting in the deeds of separation. Though as per the custom this deed of separation would not have put an end to the wedlock. However as per the said deed they were living separately and in fact the petitioner filed 0. P. No. 162/71 under section 13 of the Hindu Marriage act for the dissolution of the marriage and the decree was passed on 23-12-1971. A certified copy of the said decree was applied for on 6-1-1972 and the same was furnished on 28-2-1972.

( 2 ) IN view of the Land Ceiling Act Satyanarayana filed a separate declaration in C. C. No. 258/75 before the Gannavaram Land Reforms tribunal and likewise, the petitioner filed a declaration in C. C. No. 311/75 before the Vijayawada Land Reforms Tribunal. Verification reports filed therein supported the case of the declarants. In fact the determination on the declaration filed by the said Satyanarayane also was made and it was held that he was holding less than one standard holding. Since no appeal was preferred by the Government, it became final. Before any determination was made on the declaration filed by the petitioner, a letter was received by the Tribunal addressed by one D. R. Sundaram with a copy to the Collector stating that the divorce obtained by the parties was of recent nature and there was also no truth in the said divorce and therefore, an enquiry may be conducted. This petition of the said D. R. Sundaram was found in the record at page 99 The copy received by the Collector also was sent to the Tribunal on 25-6-1976. The Tribunal set in motion the enquiry proceedings by issuing a notice to the said Sundaram but he did not turn up. From the lecord it appears that the matter was enquired into even with the assistance of Central Bureau of Investigation. However, nothing came out of it and eventually the Tribunal passed an order on the declaration of the petitioner on 5-10-1976 holding that she was having, 1. 0111 1/2 standard holdings. It may also be stated that the order made on the declaration filed by the said Satyanarayana was also made available to the Tribunal at Vijayawada when the determination was made on the declaration filed by the petitioner. In pursuance thereof surrender of the surplus land was also made in the year 1976 itself and the same was accepted. Thereafter she sold away two extents of land under Exs. A 5 and A-6 by way of registered sale deeds comprising about 11 acres. Satyanarayana also sold Ac. S. 31 cents undor registered sale deeds dated 9-6-1976 and 19-2-1977 for treatment of cancer, which he was suffering from. Eventually the said Satyanarayana died on 22-2-1977.

( 3 ) IT is thereafter, almost after three years on 8-11-1978 the Authorised officer filed a petition before the Vijayawada Land Reforms Tribunal for correction of a mistake within the meaning of Rule16 (5) of the rules framed under the A. P. Land Ceiling Act, It was stated in the petition that the 0 P. 162 of 71 actually was filed not on 12-1-71, but on 12-71. Therefore, the statement made by the petitioner and also the said Satyanarayana was incorrect and it was motivated and therefore, the same be rectified by re-opening the matter. Therefore, notices were issued on 8-12-1978 to the petitioner and the said Satyanarayana, who had since deceased. Counter was filed. However, the Land Reforms Tribunal held that there was no case for review, by its order dated, 13-3-1979. On appeal, the Appellate








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