JOSHEP Vs. DHANESHWAR SAO

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in the defendants' second appeal is as under:-

(2.) The plaintiff, who is auction purchaser of the suit land bearing khasra No.948, area 3.49 acres in auction held by Sewa Sahkari Samiti, a society registered under the M.P. Co-operative Societies Act, who auctioned the suit land owned by the defendants (aboriginal tribe) for recovery of loan amount, filed a suit for declaration of title and permanent injunction stating inter-alia that the defendants are not entitled to interfere with his possession as he has purchased the suit property in auction held by the said registered co-operative society on 27.2.1976 for a cash consideration of Rs. 3,100/- and obtained possession thereafter, as such, his name has already been recorded, but on 12.11.1976 the defendants have harvested the crop sown by him and therefore, he is entitled for declaration of title and permanent injunction.

(3.) The defendants filed their written statement stating inter-alia that auction sale made by the said Co-operative Society of his land in favour of the plaintiff is hit by Section 41-A(5) of the M.P. Cooperative Societies Act, 1960 (hereinafter called as "the Act of 1960") and rules made thereunder as the defendants are basically aboriginal tribe of Oraon caste, as such, the plaintiff is not entitled for decree of declaration and permanent injunction, as prayed.