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TMI Blog1994 (10) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... ale-deeds executed on five different days between December 16, 1971 and December 27, 1971. The question for consideration is whether the transfers are to be disregarded for the purpose of computation of the ceiling area of the respondents under the Andhra Pradesh Land Reforms (Ceiling) on Agricultural Holdings Act, 1973 (the Act). The Land Reforms Tribunal (the Tribunal) by its order dated April 14, 1977 answered the question in the affirmative and held that the transfers were made in anticipation of and with a view to avoiding or defeating the objects of the Act. The Lands Reforms Appellate Tribunal (the Appellate Tribunal), however, by its order dated December 17,1977 reversed the findings of the Tribunal and held as under: Therefore, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, any person has transferred whether by way of sale, gift, usufructuary mortgage, exchange, settlement surrender or in any other manner whatsoever, any land held by him or created a trust of any land held by him, then the burden of proving that such transfer or creation of trust has not been effected in anticipation of, and with a view of avoiding or defeating the objects of any law relating to a reduction in the ceiling on agricultural holdings, shall be on such person, and where he has not so proved, such transfer or creation of trust, shall be disregarded for the purpose of the computation of the ceiling area of such person. (May 2, 1972 is the notified date under the Act) 21. Revision: An application for revision from any party aggriev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he evidence before it and taking into consideration the relevant material on the record come to the following conclusions : (1) That the recitals in the sale deeds did not mention that the purpose for the sale of lands was to invest the proceeds in the expansion of sugar industry rather it was mentioned that the lands were not convenient for personal cultivation and reasonable price was offered by the purchasers ; (2) That in respect of all the sales only initial payments were accepted and pronotes were got executed in favour of the respondents for the major portion of the sale amounts. (3) That the purchasers were employees or relatives of the respondents; (4) That the lands were sold at the rate of Rs. 300 to Rs. 1000 which according to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne. 7. Mr. K.K. Venugopal, learned Counsel appearing for the respondents, has vehemently contended that there is no justification whatsoever to reverse the finding of the Appellate Tribunal to the effect that the sales in dispute were made to meet the expenses to be incurred for the expansion of sugar industry. According to him the finding of the Appellate Tribunal being a finding of fact, this Court in exercise of its jurisdiction under Article 136 of the Constitution of India read with Section 21 of the Act should not ordinarily interfere with the same. Mr. T.V.S.N. Chari, learned Counsel appearing for the State of Andhra Pradesh, on the other hand contended that the proposal for the expansion of the sugar industry was mooted sometime in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 5 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (U.P. Act) which is reproduced hereunder : (6) In determining the ceiling area applicable to tenure-holder, any transfer of land made after the twenty-fourth of January, 1971, which but for the transfer would have been declared surplus land under this Act, shall be ignored and not taken into account: Provided that nothing in this Sub-section shall apply to - (a)... (b) a transfer proved to the satisfaction of the prescribed authority to be in good faith and for adequate consideration and under an irrevocable instrument not being a benami transaction or for immediate or deferred benefit of the tenure-holder or other members of his family. Explanation I.... Explana ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the transactions between 24.1.1971 and 2.5.1972 are concerned, the High Court has accepted the conclusions reached by the Tribunal. The High Court has pointed out that a large extent of over 220 acres of land was alienated by the appellant and his wife within a short period of eight months between 4.6.1971 and 1.2.1972. It was not the case of the appellant that there was any pressure on the estate for the discharge of debts or that the alienations were in fact made for discharge of, or meeting any binding debts, or for meeting the marriage or educational expenses of any member of the family. It was on the basis of this finding that the Tribunal came to the conclusion that the said transactions were made in anticipation of the said Act a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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