BHAVSINH Vs. KESHAR SINGH

JUDGEMENT

(1.) These appeals arc filed against the judgment and order dated 11-9-1993 and the order dated 21-3-1994 passed by the High Court of Madhya Pradesh, Jabalpur Bench at Indore, in MP 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 1 (deceased) and his son, Respondent 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 a declaration that the sale transaction in question was prohibited transaction of loan as contemplated under 2(f) of the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi-Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (M.P. Act 3 of 1977) (hereinafter referred as "the Act of 1977") and was null and void under 7(2) of the Act. The order for handing over possession of the land in question admeasuring 9.71 acres situated in Village Kanadia the appellant Bhavsingh, son of Bheraji was also set aside.

(3.) The aforesaid order was passed on an application filed by the appellant claiming relief under 5 of the Act of 1977 contending that the transfer of the land by a registered sale deed dated 20-7-1960 for a sum of Rs. 2500 was a mortgage transaction as the said transfer was for the loan amount. It was his contention that at the time of the said transaction, it was agreed upon by the parties that whenever the appellant repays the amount of Rs. 2500, possession of the land in question would be redelivered the appellant. It was his case that despite the fact that full amount had been repaid, the respondent has not resred the possession of the land mortgaged by him. That application was allowed by the SDO by order dated 29-1-1982.