STATE OF ANDHRA PRADESH ETC. ETC. versus M. LAKSHMI DEVI ETC. ETC.

STATE OF ANDHRA PRADESH ETC. ETC. versus M. LAKSHMI DEVI ETC. ETC.

Where land is surrendered as surplus by a party in possession through part performance of an agreement for sale, but not also surrendered by the owner, section 12(4) and Rule 9 require that possession reverts to the owner, and the relevant authority must facilitate this, except where the owner himself surrendered as...

Source-derived case information.

Parties
Appellant: State of Andhra Pradesh; Respondent: M. Lakshmi Devi
Jurisdiction
India
Judgment Date
13 January 1993
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeals dismissed
Legal Topics
Land Ceiling, Reversion of Possession, Agreement to Sell, Part Performance, Surrender of Surplus Land
Land Law Property Law Agricultural Land Ceiling Land Ceiling Reversion of Possession Agreement to Sell Part Performance Surrender of Surplus Land

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Parties

State of Andhra Pradesh

Appellant

M. Lakshmi Devi

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether land surrendered by party in possession through part performance of agreement to sell should revert to the owner under Andhra Pradesh Land Reforms Act, 1973 and Rules, 1974.

Ratio Decidendi

Where land is surrendered as surplus by a party in possession through part performance of an agreement for sale, but not also surrendered by the owner, section 12(4) and Rule 9 require that possession reverts to the owner, and the relevant authority must facilitate this, except where the owner himself surrendered as surplus, in which case it vests in Government.

Court Disposition

appeals dismissed

Orders

  • No order as to costs