LAXMAN NARAYAN DESHMUKH Vs. RAMRAO SHRAWAN KATWALE

JUDGEMENT

(1.) THE present second appeal arises out of a judgment and decree passed by the District Judge, Chhindwara in Civil Appeal No. 15-A/87, setting aside the judgment and decree passed by the Civil Judge, Class II, Saunsar in Civil Suit No. 11-A/82.

(2.) THE circumstances leading the filing of the suit are as under : One Tukdyaji had two sons, Narayan Rao and Girmaji. Tukdyaji died on 2-2-1960. Yeshibai, the wife of Tukdyaji and the mother of two sons died on 11-10-1974. In a family arrangement the holdings of 44. 01 acres of land were divided between Narayan and Girmaji, out of which 23. 10 acres of land fell to the share of Girmaji. Girmaji sold the said land in favour of Ramrao, Nathu and Mahadeol, the defendants in the suit for a consideration of Rs. 15,000/ -. The sale deed was executed on 10-3-1965. Nathu and Mahadeol further alienated 11. 55 acres of land to Smt. Rukhmanibai, Smt. Manabai, Sureshchandra and Gajanan, who were defendant Nos. 2 to 5 in the suit.

(3.) APPELLANT/plaintiff Narayanrao challenged the said transfer Under Section 170 of the M. P. Land Revenue Code on 11-12-1961 and claimed possession of the holdings sold by his brother Girmaji and mother Smt. Yeshibai, on the ground that the same were hit by Section 165 (4) (b) of the Code, i. e. due to the sale the holdings were reduced to less than 10 acres of unirrigated land. The said application was dismissed as also all steps upto Board of Revenue failed. The findings of the Board of Revenue were challenged in a writ petition. The petition was dismissed on 8-3-1979. It was found that there was no fragmentation attracting Section 165 (4) (b) of the Code.