Point of law: , a person who has no substantial interest in the lands, such a person cannot be impleaded as a party in the proceedings

ORDER :

1. The appellants in Land Reforms Appeal No. 17 of 2003 on the file of the Chairman, LRAT-cum-II Additional District Judge, West Godavari, Eluru, preferred this civil revision petition under Section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short ‘the Act’) and the Rules, 1974 framed thereunder (for short ‘the Rules’).

2. The parties to the petition will hereinafter referred as arrayed before this Court for convenience.

3. The facts of the case in nutshell are that, the petitioners are the sisters and they are claiming to be the daughters of declarant in C.C. No. 1774/GNT/74, Late Adapa Venkata Subbareddy. The declarant Late Adapa Venkata Subbareddy was blessed with three daughters and they have substantial interest in the proceedings in C.C. No. 1774/GNT/74.

4. The petitioners and their younger sister Nagendramma are the daughters to their parents Adapa Venkta Subbareddy and Vardhanamma. The declarant Late Adapa Venkata Subbareddy, announced pasupu kumkuma gifts to all the three daughters at the time of their marriage, in view of the custom prevailing since very long time in their community. Father of the petitioners being the declarant was under obligation to maintain his daughters and in view of his obligation, he had to give property to his daughters at the time of their marriage. Accordingly, the declarant Late Adapa Venkata Subbareddy performed the marriage of the first petitioner with Bhavanam Siva Satyanarayana Reddy alias Sivareddi of Vejendla Village on 12.04.1968 at 8-29 p.m. and performed the marriage of second petitioner with Kandi Subbareddy of Karumurivaripalem Village, Tsunduru Mandalam on 12.04.1968 at 1-20 a.m. Thus, the declarant performed both the marriages of the petitioners on the same day at different times. Further, the declarant announced pasupu kumkuma gift to the first petitioner by giving Ac. 5-75 cents in Sy. No. 129-1 and Ac. 0-25 cents in Sy. No. 129-1 of Vejendla village to discharge his obligation and accordingly, handed over possession of land to the first petitioner after performing the marriage, in the presence of elders. Since then, the first petitioner is claiming to be in possession and enjoyment of the property by paying land revenue to the Revenue Department to the knowledge of one and all in the village. The Revenue Department also issued pattadar passbooks and title deeds to the first petitioner for the above property, recognizing her rights in the land mentioned above.

5. The marriage of the second petitioner-Kandi Sambrajyam with Kandi Subbareddy of Karumurivaripalem Village, Tsunduru Mandalam on 12.04.1968 at 1-20 a.m. was performed. The declarant announced pasupu kumkuma gift to the second petitioner by giving Ac. 3-79 cents in Sy. No. 128-1 and Ac. 0-37 cents in Sy. No. 128-3 and Ac. 1-39 cents in Sy. No. 129-1 of Vejendla village to discharge his obligation and accordingly, handed over possession of land to the second petitioner after performing the marriage, in the presence of elders. Since then, the second petitioner is claiming to be in possession and enjoyment of the property by paying land revenue to the Revenue Department to the knowledge of one and all in the village. The Revenue Department also issued pattadar passbooks and title deeds to the first petitioner for the above property, recognizing her rights in the land mentioned above.

6. As the petitioners father was not worldly-wise and marksman, the declaration was not prepared by the declarant and it was prepared by one Vejendla Subbarayudu who do not know the petitioners family affairs and the petitioners were not aware anything about ceiling case till recently. Further, declarant Late Adapa Venkata Subbareddy died on 15.11.1995. The petitioners submits that the declarant - Late Adapa Venkata Subbareddy lived with their mother in their house till his death and the petitioners came to know that the land of various extents was proposed to take possession as excess land fro