LAXMI CHAND Vs. JAGANNATH AND OTHERS

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution of India a prayer has been made to quash the orders Annexure P-7 passed by the original authority and Annexure P-8 passed by the appellate authority under the Madhay Pradesh Smaj Ke Kamjor Vargon ke Krishi Bhumi Dharkon Ka Udhar Dene Walon Ke Bhumi Hadapne Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (hereinafter referred to as the Adhiniyam).

(2.) The brief facts for the purposes of this petition may be noticed. A piece of agricultural land situated in Khasras Nos. 235, 57 and 237 in village Keshopur Magrora, Tehsil and District Guria, was sold by respondent Jagannath in favour of petitioner Laxmichand. The sale deed was duly registered and was executed on 1st day of May 1973. In pursuance of this sale, the possession of the land was handed over to the petitioner. There was some dispute with regard to the possession and proceedings were taken under Sec. 145 of the Code of Criminal Procedure, 1973. These proceedings were decided in favour of the respondent No.1. The present petitioner then resorted to civil litigation and filed a civil suit in the year 1976. This suit was filed Before the enforcement of the adhiniyan inferred to above deed. Sought a declaration of his title qua the land on the basis of the said deed. He also sought recovery of possession. This suit was tried by me Civil Judge Class II, Guna The suit was decreed on 24th of July 1930. The copy of the judgment passed by the Civil Judge, Class I, is Annexure P/1. The respondent No. 1 and his sons preferred an appeal against (he aforementioned judgment. This appeal was dismissed on 2nd of Dec., 1981. The copy of this judgment has been placed as Annexure P/2 on the record of this case. The respondent No. 1 along with sons preferred a second appeal before this Court This appeal was registered as second appeal No. 221 of 1982. This Court dismissed the appeal on 15th of April, 1982. It was observed as under:

(3.) After the aforementioned proceedings same to an end, the respondent No. 1 took resort to the provisions of the Adhiniyam of 1976. These proceedings taken under the Act were decided in favour of the respondent No. 1 The initial order was passed by Sub-Divisional Officer on 15th of Nov., 1983 and the final verdict was given by the appellate authority (Collector) on 5th of Sept., 1984 It is these orders, that is Annexure P/7 and P/8 which have been impugned in this writ petition.