LAKSHMAIAH
Kanumuri Satya Suryanarayana Raju – Appellant
Versus
Sribhashyam Jagannadhaswami – Respondent
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
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