BALABHAU MANAJI Vs. BAPUJI SATWAJI NANDANWAR

JUDGEMENT

(1.) MISCELLANEOUS Petition No. 147 of 1955 was filed before a Division Bench consisting of Chief Justice Hidayatullah and Mr. Justice Mangalmurti for an order to quash an order-passed by the Civil Court dismissing the suit filed by the petitioner, and the Bench referred two questions to a Full Bench

(2.) NOW, under Section 183 of the Berar Land Revenue Code, when an occupant in a survey number transfers his interest or any portion thereof, by any of the transfers contemplated in the sections set out, or suffers a final decree for foreclosure as contemplated in Section 177 to be passed against him, and no notice has been given as required by these sections, the other occupants in the survey number shall have a right to pre-empt the interest transferred. Such right may be enforced by a Civil Court, and in all such cases the Court shall have power to examine the transaction and fix a fair consideration for the interest to be preempted; and the case of the petitioner was that no notice was given to him as contemplated by this sub-section and therefore he being an occupant in the survey number, part of which was transferred, he had a right to preempt the part which had been sold to the respondent.

(3.) A Bill was introduced in the Madhya Pradesh Legislature on 7-4-1933 for codification of the Madhya Pradesh Land Revenue Code and this Bill was referred to the Select Committee on 29-9-1953. In the Bill as originally introduced the provision contained with regard to pre-emption in Chapter XIV of the Berar Land Revenue Code was retained. The Select Committee made its report on 25-3-1054 and by its report it recommended the repeal of Chapter XIV of the Berar Land Revenue Code. This report was published in the Gazette on 26-3-1954. The Bill ultimately passed by the legislature incorporated the recommendation of the Select Committee and the Bill received the absent of the President on the 5-2-1955 and became Apt II of 3955. The Act as assented to by the President was published in the Gazette on 12-2-1935. Turning to the provisions of this Act, Section 242 (1) provides that Chapter XIV of the Berar Land Revenue Code shall a and repealed. Sub-section (2) provides: