BHAVSINGH Vs. KESHAR SINGH

JUDGEMENT

(1.) These appeals are filed against the judgment and order dated 11-9-1993 and order dated 21-3-1994 passed by the High Court of Madhya Pradesh, Jabalpur Bench at Indore, in M.P. No. 274 of 1987 and in review petition bearing MCC No. 550 of 1993.

(2.) By the impugned judgment and orders, the High Court allowed the writ petition filed by respondent No. 1 (deceased) and his son, respondent No. 2, namely, Narendra Kumar and set aside the order dated 11-2-1986 passed by the competent authority-SDO holding that the appellant was entitled for a declaration that the sale transaction in question was prohibited transaction of loan as contemplated under Section 2(f) of the Madhya Pradesh Samaj Ke Kamjor Vargaon Ke Krishi-Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (M.P. Act No. 3 of 1977) (hereinafter referred to as the Act of 1977") and was null and void under Section 7(2) of the Act. The order for handing over possession of the land in question admeasuring 9.71 acres situated in village Kanadia to the appellant Bhav Singh son of Bheraji was also set aside.

(3.) The aforesaid order was passed on an application filed by the appellant claiming relief under Section 5 of the Act of 1977 contending that the transfer of the land by registered sale deed dated 20-7-1960 for a sum of Rs.2,500/- was a mortgage transaction as said transfer was for the loan amount. It was his contention that at the time of said transaction, it was agreed upon by the parties that whenever the appellant re-pays the amount of Rs. 2,500/- possession of the land in question would be redelivered to the appellant. It was his case that despite the fact that full amount had been repaid, the respondent has not restored the possession of the land mortgaged by him. That application was allowed by the S.D.O. by order dated 29th January, 1982.