LAW FOR ALL

under Section 5-A of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act') the validation, if at all, ought to have been of the so-called agreement of sale, dated 26.12.1999 alleged to have been executed by Linga Reddy in favour of Gangadasu. It is urged that when Gangadasu himself did not get any title, there was no basis for him to convey the property to Gangadhar, much less for Gangadhar to convey the property to his wife i.e., 2nd respondent herein. - Admittedly, Gangadasu executed an agreement of sale dated 01.06.2001in faovur of Gangadhar i.e., the husband of the 2nd respondent, before he acquired any saleable interest. Since the Act does not cover the transactions subsequent to the year 1998, it appears that a plea was raised to the effect that Gangadasu sold the land under document dated 01.08.1998 i.e., much prior to the agreement of sale, dated 26.12.1999 through which he is said to have purchased the property. Therefore, the whole exercise smacks of lack of jurisdiction, arbitrariness and non-application of mind. It is no doubt true that the Act provides for an appeal under Section 5-B of the Act against any order passed under Section 5-A of the Act. However, when the order is passed without jurisdiction and in blatant violation of the Act and the Rules made thereunder, the petitioners cannot be required to avail the remedy of appeal.