Full Judgment Text
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PETITIONER:
STATE OF ANDHRA PRADESH
Vs.
RESPONDENT:
KORUKONDA SURYANARAYANA CHOWDARY
DATE OF JUDGMENT15/09/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1995 SCC (6) 80 1995 SCALE (5)462
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
With regard to the lands covered by the sale deed dated
October 16, 1971, pursuant to our directions dated
14.8.1995, the respondent has filed documents to establish
that he was under compelling necessity to sell the land to
discharge the loans taken from the Andhra Bank since the
Bank was proceeding against his property for recovering dues
payable to the Bank. Therefore, we find that the sale dated
October 16,1971 was not intended to defeat the provisions of
the Andhra Pradesh Land Reforms (Ceiling on Agricultural
Holdings) Act, 1973. But with regard to the lands covered by
the two agreements of sale, in view of the judgment of the
Constitution Bench of this Court and also an earlier
judgment, the lands covered under those agreements shall be
included in the holding of the purchaser as well as the
owner as agreement of sale does not divest the rights in the
land. The computation shall be made accordingly.
The appeal is accordingly allowed in part. No costs.