YEDIDA CHAKRADHARARAO DEAD Vs. STATE OF ANDHRA PRADESH
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Yedida Chakradhararao Dead
STATE OF ANDHRA PRADESH
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(1.)This is a group of matters comprising Civil No. 3388 of 1984 in this court and other cases which have been placed before us for hearing along with this appeal. We propose to deal first with Civil No. 3388 of 1984.
(2.)This appeal by special leave is directed against a judgment of the Andhra Pradesh High court in Civil Revision Petition No. 1450 of 1981. The question involved in the appeal before the High court from which this appeal arises was whether land which has been agreed to be sold by the owner under an agreement of sale and possession of which was delivered in part performance of the agreement for sale but pursuant to which no conveyance had been executed till the relevant date, could be included both in the holding of the owner-vendor as well as the purchaser or whether it was liable to be included only in the holding of the purchaser for the purposes of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as 'the said Act').
(3.)There are a number of connected matters where the same question is involved and which have been placed for hearing before us. In some of these cases, a part of the consideration has been paid and in a few others, the entire consideration has been paid. It has also been alleged that the possession of the land was transferred to the purchaser pursuant to the agreements of sale referred to. In some of these cases, lands belonging to the owners have been given on lease to tenants who are in possession thereof as lessees.
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