KESHABO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the order dated 7/5/1992 of the division bench of the High court of M. P. in MP No. 1499 of 1992. The admitted position is that Section 165 of the M. P. Revenue Code, 1959 (for short, "the Code") was enforced in Gariaband area from 2/10/1959 by way of an amendment and publication in the Gazette. The sale of the land of the Bhumiswami rights in favour of the appellants by the Adivasi (Scheduled Tribe) somu Gond was made on 23/12/1960. Ultimately, the Board of Revenue in its order dated 16/1/1992 in Revision Case No. 150 of 1990 confirming the order of Additional Commissioner dated 23/9/1990 held that even prior to 1976, even under the unamended Section 165 (6 of the Code it is mandated that the purchaser should obtain prior permission from the competent authority for alienation of the Bhumiswami right of the Adivasis. Since the permission was not taken, the sale was held void. The High court by its order dated 7/5/1992 affirmed the view of the Board of Revenue.

(3.) It is contended by the learned counsel for the appellants that the notification under Ss. (6 of Section 165 was published in 1977 and the sale having been made in 1960, the finding of the tribunal that the sale is void, is not correct in law. We find no force in the contention. Section 165 (6 reads thus: