SANJAY KUMAR BAJPAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to order dated 07.06.1988 (Annexure P/1), passed by the Additional Collector, Raipur, in Revenue Appeal Case No.58-B/125(2)/1987-88, whereby the appeal preferred under Section 8 of the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharkon Ka Udhar Dene Walon Ke Bhumi Hadapane Samabandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (hereinafter referred to 'the Act, 1976") by the one Dhan Bai, since deceased, was allowed and it was directed to hand over the possession of the land to the appellant on the ground that the sale deed dated 26.12.1962 and 09.04.1963 were out come of transaction of loan and were not actually a sale transaction.

(2.) Briefly stated facts as contended by the petitioners was that, by way of two sale deeds, one of it was dated 26.12.1962 (Annexure P/7), sale was made in respect of land bearing Kh.No.101, 102, 1428, 1435/1 & 1435/2 total admesuring area 4.31 acres of land, while the other sale deed was dated 09.04.1963 (Annexure P/8) in respect of Kh.No.1435/1 and 1435/2 total admeasuring area 2.00 acres, situated at village Lavan. The sale deeds were executed by one Sibo, S/o. Suhal in favour of Mangalacharan, S/o. Ramchandra Bajpai. The sale deed dated 26.12.1962 was for sale consideration of Rs.800/-, whereas the sale deed dated 09.04.1963 was for sale consideration of Rs.600/-. Learned counsel for the petitioners would submit that after execution of said sale deeds, the respective names of the purchasers were recorded in the revenue record in presence of the then seller, which would be evident from Annexure P/8A, which was never objected.

(3.) Admittedly, an application under Section 5 of the Act, 1976 was filed by Dhan Bhai, widow of seller after death of Sibo, the original seller of lands. This fact is also not in dispute that when such application was filed on 19.12.1981, which finds a reference in Annexure P/2 (i.e. the order of the Sub-Divisional Officer), the original purchaser Manglacharan was no more as he died on 18.08.1980, which is evident from Annexure P/9 and Annexure P/12 i.e. the death certificate and the report of the Patwari. On reading of Annexure P/12 i.e. the order-sheet of the Sub-Divisional Officer it would further reflect that on 27.06.1983, a bailable warrant was issued in such revenue proceedings and in response to that, the petitioner Sanjay Kumar Bajpai appeared before the Court of Sub-Divisional Officer and submitted his response. On such application having been filed U/s.5 of the Act, 1976, an enquiry was conducted by the Sub-Divisional Officer. The Sub-Divisional Officer by its order dated 18.09.1987 (Annexure P/2) came to a conclusion that the complaint so made was frivolous, therefore, affirmed the sale deeds, which was executed by Sibo in favour of Manglacharan.