KESHARSINGH Vs. BHAVSINGH

JUDGEMENT

(1.) THE petitioners challenge the order of Sub - Divisional Officer (Annexure 'D') and the Appellate order of Collector (Annexure 'C') whereby the sale of land bearing Survey No. 1187 area 9.7 acres of village Kanadia for a sum of Rs. 2500/ - in favour of the petitioner has been set aside with the further direction of delivery of possession to respondent No. 1, the vendee of the land.

(2.) THIS case has a checkered history. The petitioners, as claimed by them purchased land vide registered sale -deed dated 27 -6 -1960 (Annexure 'A'). The petitioner was in possession of the disputed land.

(3.) RESPONDENT thereafter filed an application dated 31 -8 -1981 under Section 5 of the M. P. Samaj Ke Kamjor Vargon Ki Krishi Bhumi Dharakon Ka Udhar Dene walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (hereinafter referred to as 'the Act'). It was registered as case No. ,2 - A/70/81 -82. The petitioners were proceeded ex parte. Learned S.D.O. vide order dated 29 - 1 -1982 directed the petitioner to handover the possession. The petitioner preferred* an appeal before the Collector which was registered as case No. 23/Appeal/81 -82. The same was dismissed vide order dated 8 -12 - 1982.