NAMDEO Vs. COLLECTOR EAST NEMAR KHANDWA

JUDGEMENT

(1.) LEAVE granted.

(2.) THE appellant is a subsequent purchaser from Devi Prakash son of Laxman Prasad. The case of Rama Krishna, the original owner, is that he had obtained loan from Laxman Prasad, admittedly a money -lender, by an oral mortgage of 12 acres and 20 gunthas of land. Laxman Prasad had delivered 4 acres and odd and got the sale deed executed for 8 acres 30 gunthas of the land in the name of his minor son Devi Prakash. Therefore, he comes within the provisions of M.P. Samaj Ke Kamjor Wargon Ke Krishi Bhumidharakon Ka Udhar Dene Walon ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam [for short, 'the Act']. The Sub -Divisional Officer by his order dated August 27, 1982 recorded a finding that:

(3.) SHRI P.P. Rao, the learned Senior counsel has contended that the Act has no application for the reason that the land covered by 1964 sale deed relates to 12 acres 20 gunthas while the Act would become applicable when sale transactions are covered within a specified extent of land declared in the Act. We find no force in the contention.