SHYAM SUNDER BEDIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission and interim relief.

(2.) Learned counsel for the petitioners submits that the period of limitation for initiating proceedings under Sec. 170 of M.P. Land Revenue Code, 1959 is twelve years whereas the application has been preferred by respondent No.3 after a period of thirty years from the date of sale deed. The provisions of Sec. 170-A would not be attracted since the sale deed was not executed within a period prescribed therein. The provision of Sec. 173-B are in respect of a transferee and not a transferer. The proceedings are hence apparently barred by time and the objection of the petitioners as raised by their application under Order 7 Rule 11 of the CPC has been rejected illegally.

(3.) Considering the aforesaid, issue notice to the respondents on payment of process fee by RAD within a period of one week. Notices be made returnable in eight weeks.