The court recognized the judicial law-making role in interpreting statutory expressions and held that the judge is entitled and obliged to furnish a declaration as a transferor under Section 19 of the Act.

JUDGMENT :

The point that arises for determination in this case is whether a judge who executed a document pursuant to a decree for specific performance of a contract of sale is obliged to furnish a declaration as a transferor of the subject matter of the sale under Section 19 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act (Act 1 of 1973) referred to hereinafter merely as ‘the Act’.

2. Relief Sought For:—This revision under Section 115 of the Code of Civil Procedure is directed against the order and decree made in L.A. No. 246 of 1974 in E.P. No. 37 of 1974 in O.S. No. 40 of 1969 on the file of the Subordinate Judge's Court, Vijayanagaram dated 20-12-1973. That E.A. was filed by the decree-holders under Sec. 151 C.P.C. requesting the court to direct the respondents-judgment-debtors to appear and submit their declarations in Form No. XIL of Act 1 of 1973 and in case the respondents do not comply with the orders of the court, the court may accept the affidavits that were tiled along with the petition and sign the declarations and send the sale-deed to the Sub-Registiar, Gajapathinagaram for registration. That petition was dismissed by the court below. Hence this revision.

3. Facts‘.—The petitioners instituted the suit O.S. No. 40 of 1969 on the file of the Subordinate Judge's Court, Vijayanagaram for the specific performance of a contract of sale for Rs. 12,000/- and obtained a decree on 19-8-1969. As per the terms of that decree defendants 2, 3, and 26 to 30 who are respondents herein were directed to execute a sale-deed in favour of the petitioners in respect of the plaint scheduled lands. The judgment debtors even after notice from the court below were compelled to execute and sign the sale-deed on their behalf in K.P. No. 37 of 1974.

4. That sale deed was sent to the Sub-Registrar, Gajapathinagaram for registration. The Sub-Registrar retransmitted the document to the court with an endorsement on the sale deed to the effect that under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Act 1 of 1973) no sale deed can be registered unless the alienor and the alienee sign declarations in the forms specified to the effect that the alienation does not violatie the provisions of tbe Act. The Sub-Registrar therefore returned the document to the court with that endorsement.

5. It is under those circumstances the decree-holders filed a petition requesting the court to direct the respondents to sign the declarations and if ‘they fail to do so, requesting the court further to sign such declarations on behalf of the respondents.

6. The first decree-holder K. Raghava Raju died during the pendency of the execution petition E.P. No. 37 of 1974, Petitioners 1 to 5 are his sons, petitioner No. 6 is his wife and petitioners 7 and 8 are his daughters.

7. The first petitioner filed an affidavit in support of the petition giving rise to the above revision wherein he stated among other things that none of the judgment debtors, vendors possess agricultural lands exceeding the ceiling area. Himself and other decree-holders undertook to take the risk of the sale deed becoming void if it is provied that the vendors exceed the ceiling limit under Act 1 of 1973. It is further stated in the affidavit thus:—

“While the judgment debtors remained ex parte and did not execute the sale deed and while the court is not in a position to give a declaration under Act 1 of 1973, the decree passed is liable to be infructuous under the circumstances.

To avoid such a contingency, I submit that the court may be pleased to issue notices to the judgment-debtors to appear in person and to give declarations as required under Act 1 of 1973 and in the event of the judgment debtors failure to obey the summons, the court may be pleased to accept affidavit of Village Officers The required declarations on the basis of these affidavits hereto enclosed in the interests of justice as otherwise the decree becomes futile and infruct