RAMJILAL MUNSHILAL GAUR Vs. GANESHA MULU

JUDGEMENT

(1.) THE respondents No. 1 and No. 2 Ganesha and Ramsingh sought the benefit of Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Se Paritran Tatha Mukti Adhiniyam, 1976. According to them, they were made to part with a piece of agricultural land in survey No. 47 in village Semai, tahsil Datia for a petty amount of Rs. 2,000/ -. An application preferred under the above Act was entertained and allowed by the competent authority. The copy of the order which came to be passed has been placed on record as annexure P/2. An appeal was preferred against the same. This appeal was dismissed. The copy of this order is annexure P/l. The purchaser felt aggrieved against the above orders. This is how the present petition under Articles 226 and 227 came to be filed by them in this Court.

(2.) IN support of the Petition the learned counsel for the petitioner has submitted :

(3.) SO far as the merits of the case are concerned, a finding has been recorded that the transaction in question was a prohibited transaction. The fact that the sale deed in question which should have been in the possession of the petitioner was not produced was taken note of. An inference was drawn in favour of the respondents Nos. 1 and 2. This inference was in favour of the plea of respondents Nos. 1 and 2 to the effect that they had repurchased the land and an endorsement was made on the back of the sale deed to this effect. The failure to produce the sale deed as noticed above was taken note of to sustain the plea of repurchase.