KANCHERLA MADHUSUDHANA RAO Vs. STATE OF ANDHRA PRADESH
LAWS(SC)-2000-7-62
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on July 24,2000

KANCHERLA MADHUSUDHANA RAO Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.) This is a Special Leave Petition directed against the judgment of the Andhra Pradesh High Court in C.R.P. 793 of 1995 dated 23-6-1999.
(2.) The matter relates to interpretation of Section 4A of the A. P. Land Reforms (Ceiling on Agricultural Holdings Act, 1973. The petitioner before us is the landholder who claims that he need not surrender the excess land in his possession inasmuch as he is a major son and his mother is owning less than a family holding and because the deficiency in her holding is more than the excess in the petitioner's holding.
(3.) Section 4A of the Act reads as follows: "Notwithstanding anything in Section 4, where an individual or an individual who is a member of a family unit, has one or more major sons any such major son either by himself or together with other members of the family unit of which he is a member, holds no land or holds an extent of land less than the ceiling area, then, the ceiling area, in the case of the said individual or the family unit of which the said individual is a member computed in accordance with Section 4, shall be increased in respect of each such major son by an extent of land equal to the ceiling area applicable to such major son or the family unit of which he is a member, or as the case may be, by the extent of land by which the land held by such major son or the family unit of which he is a member falls short of the ceiling area." ;


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