TULARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Tularam, the petitioner, is holder of some lands in village Hingati in Tehsil Khurai, District Sagar. Out of that land, he transferred 15 acres to one Babulal s/o Pannalal and 25 acres to Karansingh s/o Pannalal under separate registered sale deed dated 19-4-1972.

(2.) The proceedings under Section 4 (1) of the M. P. Ceiling on Agricultural Holdings Act, 1960 (for short 'the Act') were started against the petitioner by the Competent Authority. The petitioner inter alia defended the transfers on the ground that his natural son Abhaysingh, having been given in adoption to Mst. Gayabai widow of Pratapsingh, cannot be regarded to be a member of his family. The adoption look place some 10 years back. A deed of adoption dated 5-3-1973 purporting to record adoption so made was also produced in order to substantiate the plea.

(3.) After enquiry, the Competent Authority by order dated 16-1-1976 (Annexure I) held that the adoption as well as the transfers by way of sale were made with a view to defeat the provisions of the Act. An appeal was preferred against this order by the petitioner which was partly allowed by order dated 15-7-1976 (Annexure II) by the Board of Revenue and the case was remanded for proper inquiry. However, the finding regarding invalidity of adoption was upheld.