PURALAL Vs. STATE OF M P

JUDGEMENT

(1.) This order shall also govern the disposal of WP.Nos.694/10 & 7845/09 as in all the three cases the orders under challenge are being passed under the provisions of Madhya Pradesh Samaj Ke Kamjor Vargo Ko Udhar Dene Walo Ke Bhumi Hadpne Sambandhi Kuchukro Se Paritran Thata Mukti Adhiniyam, 1976 (which shall be referred hereinafter as an Act ).

(2.) In WP.No.13849/10 and WP.No.7845/09 counsel for the petitioner is Mr. Anwar Khan, advocate, while in WP.No.694/10 counsel for the petitioner is Ms. Archana Maheshwari, advocate.

(3.) In WP.No.13849/10 the sale deed was executed by the petitioner Puralal in favour of respondent Nos. 3 & 4 vide registered sale deed dated 24/04/01 for a consideration of Rs.1,37,000/ and the application under Section 5 of the Act is filed by the petitioner on 05/08/08. In WP.No.7845/09 the sale deed has been executed by the petitioner in favour of respondent Nos. 3 & 4 on 22/05/2000 for a consideration of Rs.1,00,000/ and the application is filed by the petitioner on 07/08/08. In WP.No.694/10 the sale deed is dated 21/12/01 for a consideration of Rs.2,45,000/ , while the application under Section 5 of the Act is filed on 05/08/08. In all the applications it was alleged that the transaction was prohibited transaction as it was a loan transaction and in fact none of the petitioner has sold the property to the respondent Nos. 3 & 4. In WP.No.13849/10 during pendency of litigation respondent Nos. 3 & 4 have sold the property to the respondent No.5 vide registered sale deed dated 29/11/10. In all the cases undisputedly the application was filed after a period of six years. The applications were opposed by the respondent Nos. 3 & 4 on various grounds including on the ground that the application itself is not maintainable as the same is barred by time. It was prayed that the application filed by the petitioner be dismissed. After holding summary enquiry learned SDM dismissed the application holding that the application is barred by time, hence the same is not maintainable, against which in all the petitions appeals were filed, which were also dismissed, hence this petitions.