PANCHAYTI AKHARA Vs. JITNARAIN

JUDGEMENT

(1.) This is a deft's. appeal arising out of a suit for a declaration in the alternative for possession.

(2.) In 1913 the plff. respondent executed a sale deed in respect of plot No. 108 (which is the subject-matter of dispute before me) in favour of the deft-appellant. To this sale deed the provision of Section 3, Bundelkhand Alienation of Land Act II (2) of 1903 applied. According to that section the permission of the Collector of the district in which the land was situated had to be obtained in order to give effect to the sale deed.

(3.) The present suit was filed in 1944. The plff. alleged that, as no permission under Section 3, of the aforesaid Act had been taken for the alienation, the alienation could, at the best, be treated as usufructuary mortgage for a period of over 20 years under the provisions of Section 14 of the Act & that as those 20 years have expired within 12 years of the suit, he was entitled to get back possession.