Decided on December 21,2019

E. Viswanatha Rao Appellant
A.O., Spl. Tahsildar, Chittoor Respondents


- (1.)All these civil revision petitions are filed by third parties to the petitions, challenging the judgment in L.R.A.C.No.9 of 1987 dtd. 2/12/1991 passed by the Land Reforms Appellate Tribunal-cum-First Additional District Judge, Chittoor.
(2.)The petitioners herein are the third parties, whereas, the L.R.A.C.No.9 of 1987 was filed by the declarants against the order in C.C.No.1340/PGN/75 passed by the Land Reforms Tribunal, Madanapalle on 4/3/1983. These petitioners are claiming to be the purchasers of the property after ordinance dtd. 24/1/1971 and before passing the Act. All the petitioners are claiming that they purchased the property on 1/2/1971.
(3.)It is the contention of the petitioners that one E.V. Vishwanatha Rao, K. Nagabhushanam, K. Krishna Murthy, R. Vijaya Bhaskar, B. Siva Kumar Reddy and E. Venkat Reddy were partners in real estate business. While transacting their business, they altogether purchased about 400 acres of land from Rani Sundaramani in the name of E.V. Vishwanatha Rao through registered sale deed vide Document No.3399/1968 dtd. 19/8/1968. Subsequently, after excluding the land already sold, the left over land was partitioned among the partners in November, 1970. Subsequent to partition, E.V. Vishwanatha Rao executed individual agreements of sale in favour of partners in the month of November, 1970. Though regular sale deeds are ready even before the proposal for land ceiling ordinance is initiated i.e. 24/1/1971, they could not be registered due to strike of the employees of the Registration Department and finally registered the sale deed on 1/2/1971. Out of the sale transactions completed on 1/2/1971, E.V. Vishwanatha Rao sold to D. Thimma Reddy, jointly to Nagabhushan Rao and Krishna Murthy to R. Vijaya Bhaskar and other partners. After these sale transactions were completed, due to advent of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holding) Act, 1983 (for short 'Land Reforms Act'), E.V. Vishwanatha Rao submitted his declaration under Sec. 9 of the said Act disclosing the land sold to these petitioners in the holding. The said declaration proceedings are numbered as C.C.NO.1348/PGN/75. As per Sec. 7(1) of the Land Reforms Act, genuineness of the sale transactions done between 24/1/1971 to 2/5/1972 has to be examined independently, as the transactions are not abinitio void. The Land Reforms Tribunal without conducting detailed enquiry and without recording any finding about genuineness of these transactions, rejected the claim of the declarant i.e. E.V. Vishwanatha Rao for excluding these lands from his holding and declared him as a holder of 4.2333 standard holding in excess of ceiling area on 1/6/1978.

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