NAMDEO Vs. COLLECTOR EAST NEEMAR KHANDWA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is a subsequent purchaser from Devi Prakash son of Laxman Prasad. The case of Rama Krishna, the original owner, is that he had obtained loan from Laxman Prasad, admittedly a money-lender , by an oral mortgage of 12 acres and 20 gunthas of land. Laxman Prasad had delivered 4 acres and odd and got the sale deed executed for 8 acres 30 gunthas of the land in the name of his minor son Devi Prakash. Therefore, he comes within the provisions of M. P. Samaj Ke Kamjor Wargon Ke Krishi Bhumidharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchkron Se Paritran Tatha Mukti Adhiniyam [for short, 'the Act']. The Sub-Divisional Officer by his order dated August 27, 1982 recorded a finding that:

(3.) Thus, it was declared that the initial sale dated March 17, 1964 and the subsequent sale deed executed by Devi Prakash in favour of the appellant and another sale deed in favour of Eknath on May 23, 1974 are void and directed the appellant and Eknath to deliver possession of the lands to Rama Krishna, On appeal it was confirmed. When the appellant and another challenged under Article 226 in Misc. Petition No. 1276/83 and another, the Division Bench of M.P. High Court by order dated March 4, 1991 upheld the orders of the Tribunals. Thus this appeal by special leave.