1979 Supreme(AP) 177

Andhra Pradesh High Court
Judges : A.SEETHARAM REDDY, C.KONDAIAH
C.V.Narayan Reddy - Appellant
Versus
Katanguru Raghava Reddy - Respondent
Decided On : 04-10-79

Subsequent to the deletion of Section 47 of the Tenancy Act, no sanction is at all necessary for the finalisation even with regard to agreements of sale entered into prior to the deletion of Section 47, by way of registration of sale deeds or otherwise. A fortiori, the possession of the lands given in pursuance of agreements of sale is quite valid and lawful and, therefore, the parties concerned are entitled to avail the provisions of Section 53-A of the Transfer of property Act.

Headnote:

CEILING ACT - LAND REFORMS - ALIENATION OF AGRICULTURAL LANDS - VALIDITY - SECTION 47 OF THE ANDHRA PRADESH (TELANGANA AREA) TENANCY AND AGRICULTURAL LANDS ACT, 1950 - DELETION - EFFECT - SECTION 53-A OF THE TRANSFER OF PROPERTY ACT - APPLICABILITY - HOLDING - MEANING - SECTION 3 (1) OF THE CEILING ACT.

Fact of the Case:

The petitioners, who are holding agricultural lands, were required to declare their holdings for determination as to whether they have any surplus land within the meaning of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Ceiling Act). The petitioners, being the owners of certain extents of land, had either alienated under unregistered sale deeds and the alienees were put in possession, or had under agreements of sale put the purchasers in possession of the land more than 12 years ago. Therefore, while filing the declarations they did not show these extents on the ground that they are not holding the land within the meaning of Section 3 (1) of the Ceiling Act and in any case there was part performance of the contract and consequently Section 53-A of the Transfer of Property Act will come into play and, therefore could be invoked for the purpose of exclusion of these lands from their holdings.

Finding of the Court:

The Court held that subsequent to the deletion of Section 47 of the Tenancy Act, no sanction is at all necessary for the finalisation even with regard to agreements of sale entered into prior to the deletion of Section 47, by way of registration of sale deeds or otherwise. A fortiori, the possession of the lands given in pursuance of agreements of sale is quite valid and lawful and, therefore, the parties concerned are entitled to avail the provisions of Section 53-A of the Transfer of property Act.

Issues: 1. Whether or not the agreements of sale regarding the land under dispute, are valid and legal for not obtaining either the permission under Section 47 of the Tenancy Act of validation certificate under Section 50-B of the Tenancy Act and consequently the petitioners are not entitled to invoke Section 53-A of the Transfer of property Act. 2. Whether the petitioners are holders of the land in dispute and therefore the land so held be treated as a holding, within the meaning of Ceiling Act.

Ratio Decidendi: 1. Section 47 of the Tenancy Act, which required prior permission for alienation of agricultural land, was deleted in 1969. 2. Section 50-B of the Tenancy Act, which provided for validation of certain alienations and other transfers of agricultural lands, was also deleted in 1972. 3. Subsequent to the deletion of Section 47, no permission or sanction is required for alienation of agricultural land. 4. The alienee or transferee, who has been in possession under an agreement of sale entered into at a time when Section 47 was in force, is entitled to sue for specific performance and is not deprived of his right under Section 53-A to protect his possession, on payment of balance of consideration, without the necessity of obtaining any permission. 5. The land held by the alienee or transferee under an agreement of sale is included in the holding of the alienee or transferee and cannot simultaneously be computed in the holding of the transferor as well.

Final Decision: The reference is accordingly answered.