BALAMREDDY RAMI REDDY Vs. SPECIAL TAHSILDAR LAND REFORMS ONGOLE

JUDGEMENT

(1.) 1. This reference by our learned brother Jayachandra Reddy, J., arise; out of a conflict in the decisions of this Court in P Ramayya vs. Government of A P (1) 1976 (II) APLJ 278 by Ramachandra Raju, J., Basi Reddy vs. State of A P (2) 1978(1) APLJ276, by Madhava Reddy, J., and State of A P vs. Vidyasagar Reddy (3) 1978 (I) APLJ 485 by Jayachandra Reddy, J., on the one hand and the decision in Narayanappa vs Government of A.P (4) 1978 (II) A P L J 60 by Ramachandra Rao, J., on the other.

(2.) The two questions that arise for our answer in this reference are: (1) Whether an illatom adoption made after the commencement of the Hindu Succession Act, 1956 and then Hindu Adoptions and Maintenance Act, 1956 is valid and legal ? (2) Whether an illatom son-in law acquires a right to to a share in his father-in-law's properties and if so, is he entitled to one standard holding under the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 ? The three learned Judges in the first category of cases referred to above answered the questions in the affirmative, whereas Ramachandra Rao., J., in the latter case which is the last in point of time, differed and held diametrically opposite. Ramachandra Rao, J., while mainly placing reliance on the observations in Mulla's Hindu Law, 14th Edition, at page 993 which read as follows.

(3.) In the light of the textual as well as judicial law, two things stand out distinct in regard to the incident of illatom adoption; (1) the adoptee must marry the daughter of the adopter; and (2) there should be an agreement to give cne liiatom, adporee a share in the property in consideration of assistance in the management of the family property,