PUNAU Vs. AJITRAM

JUDGEMENT

(1.) ON leave being granted by a learned Single Judge of this Court in Second Appeal No. 548 of 1970, dated 6-1-1971, this Letters Patent Appeal raises two questions of law. The first one is whether a transaction of transfer under Section 165 (6) of the Madhya Pradesh Land Revenue Code, 1959, is void or voidable; and the second question is whether in view of the provision of Section 170 (1) of the Code read with Section 257 (L) of the same, the heirs of the transferee can maintain a Civil suit on title and for possession in a Civil Court consequent on death of the transferor.

(2.) THE facts leading to the present appeal are as follows : Mst. Meharinbai, mother of the respondents, who are members of an aboriginal tribe, namely, Panka, was a Bhumiswami in respect of Khasra Nos. 2, 99. 100/2 and 144/1, area 2. 31 acres. On 16-3-1961 she sold the said Bhumiswami lands to the appellant for a consideration of Rupees 500/ -. It was the respondents' contention that the real value of the lands was Rs. 1,500/ -. Mst. Meharinbai died some time in October, 1965. and after her death the respondents, who are her sons and daughters, filed the present suit on the allegation that the said sale was not binding on them. The respondents claimed a declaration of their title and also possession of the suit lands.

(3.) ON behalf of the defendant-appellant it was contended that the transaction of sale as per Section 165 (6) of the M. P. Land Revenue Code. 1959. was not void, but only voidable and as the heirs did not avoid the transfer as provided by Section 170 (1) of the Code, they could not maintain a suit in the Civil Court by virtue of the bar provided by Section 257 (L) of the M. P. Land Revenue Code, 1959. The appellant had also raided other pleas in reply to the plaintiffs allegation that the transaction was nominal and it was in lieu of a loan. However, all those questions stand decided in favour of the appellant except the two questions mentioned above.