1995 (1) TMI 401

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..... Substitution allowed. Leave granted. 4. The only question that arises in these appeals is whether the lands of vendors and the vendees under agreements to sell, Ex.A-1 and Ex.A-4 dated October 20, 1970 and December 9, 1970 to the extent of 456.56 acres and 433.17 acres, respectively, are liable to be included in their holdings. This point is no longer res Integra. This Court in Yedida Chakradha....

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....ngs recorded by the primary Tribunal and the appellate Tribunal whether the agreement to sell brought about to defeat the provisions of the Act are genuine has become irrelevant. Consequently, the entire land covered by these two transactions are to be included in the holdings of the vendors as well as the vendees. 5. Ms. K. Amreshwari, the learned Senior counsel appearing for the respondents con....

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....case may be. Technically, she is right. It cannot be said that in appropriate cases, this Court is prevented to take suo motu judicial notice of glaring injustice having recourse to Art. 142 of the Constitution for serving the ends of justice. The very purpose of the Land Reforms (Ceiling on Agricultural Holdings) Act, 1975, is to prescribe the maximum holding so that the excess land becomes avail....