BHAROSA Vs. SAJJAD HUSSAIN

JUDGEMENT

(1.) THIS is a defendant's second appeal against the reversing judgment and decree of A.D.J. Umaria Camp Beohari.

(2.) LAND Khasra No. 707, area 0.86 acre belonged to late Balbir Gond who was father of present appellant. Dashrath Prasad (R-4) had executed a sale-deed on 12.7.1966 in favour of Sajjad Hussain (R-1) for ostensible consideration of Rs. 720/-. S.D.O. (R-3) in Revenue Case No. 288/A/23 year 1977-78 vide order dated 11.1.1979 (Ex. P-8 on record) had set aside the sale under section 170-A of the M.P. Land Revenue Code, 1959 (to be called as 'the Code' only) and had directed the restoration of the land to the appellant. Collector Shahdol had confirmed such order in his Appeal No. 69/A/23/78-79 vide order dated 27.11.1979 Ex. P-9.

(3.) BHAROSA (the appellant) in his written statement dated 8.10.1980 disclaimed that his late father Balbir God sold the suit land on 27.9.1959 to Dashrath (R-4). Neither possession was handed over nor there was any mutation. No sale-deed was executed. Late Balbir was always the owner and possessor of the suit land. Alleged sale-note is forged. Late Balbir had not marked his thumb thereupon. Late Balbir had merely pledged the land orally for 3 years and had re-paid the loan of Rs. 200/- in 1963. Late Balbir remained in possession of the suit land and used to pay part of crop to Dashrath in lieu of interest. Bharosa (the appellant) could not know about sale-deed by Dashrath (R-4) in favour Sajjad Hussain (R-1). He could know only when proceedings under section '70-A of the Code had commenced before S.D.O. Thus, he had supported the act of S.D.O. and Collector and has claimed that he had obtained possession of suit land and cannot be evicted now.