RAM SINGH Vs. 7TH ADDITION DIST JUDGE AGRA

JUDGEMENT

(1.) In spite of sufficient service contesting respondents did not engage any counsel, hence only the arguments of learned counsel for the petitioner were heard on 22.11.2006 when the case was heard and judgment was reserved.

(2.) One Alam sold the agricultural property in dispute having an area of 3 Bighas 14 Biswas to the petitioner. The sale deed was executed on 8.8.1967 and was registered on 12.9.1967. Thereafter on 19.10.1967 Data Ram (since deceased and survived by respondents 4 to 9), one of the creditors of Alam, the vendor filed an application under section 9 of Provincial Insolvency Act for adjudging Alam insolvent. Application was allowed on 20.2.1969. Appeal filed against the said order was dismissed on 18.4.1970. Thereafter official Receiver filed an application on 9.12.1970 for annulment of sale deed dated 8.8.1967 under section 53 of Provincial Insolvency Act. By virtue of the said section sale deed executed within two years before filing of Insolvency Petition is voidable as against the Official Receiver and may be annulled by the Court if the transfer is not in good faith and for valuable consideration. Property in dispute was sold for Rs. 1,000/-. Application of the official Receiver for annulment of the sale deed was registered as Miscellaneous Case No. 323 of 1970 arising out of Insolvency Case No. 18 of 1967 on the file of Insolvency Judge, Agra. The Insolvency Judge through order-dated 18.1.1974 held that the sale consideration was quite inadequate and petitioner was not bona fide purchaser for valuable consideration. Consequently, the sale deed in question was annulled by order dated 18.1.1974. Against the said order petitioner filed Miscellaneous Appeal No. 48 of 1974. VII A. D. J Agra through judgment and order dated 6.2.1985 dismissed the appeal, hence this writ petition.

(3.) Both the courts below held that adjoining agricultural land belonging to Muchchi Ram was sold by him for Rs. 2,000/- per Bigha in 1970. Muchchi Ram was examined as a witness and certified copy of the sale deed executed by him was also filed. On the basis of the said evidence the courts below concluded that in 1967 market value of agricultural land in the area in question was in between Rs. 1,000 /- to Rs. 1500/- per Bigha. It was also noticed that apart from the land in dispute the vendor Alam had no other property except a very small Kachcha house and after selling the land in dispute Alam left the village and returned after about 2 years and started residing with his aunt.