HEERA SINGH Vs. JEEWAN SINGH

JUDGEMENT

(1.) THIS petition has been preferred by the petitioner for quashment of Order (P/10) passed by Addl. Collector allowing an appeal filed by respondent Shri Jeewan Singh.

(2.) AN application was filed by Shri Durjan Singh, father of respondent No. 1 Shri Jeewan Singh seeking protection of the Act called M. P. Samaj 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 Act No. 3 of 1977" ). It was averred in the application. filed by Shri Durjan Singh that as a matter of fact loan was obtained and the document was obtained as a collateral security of loan, a sum of Rs. 7,000/- has been shown to be advanced whereas only a sum of Rs. 4,000/- was given. Money was required for purchase or land as family was unable to maintain itself in the small piece of land which was held, hence, the agreement for sale was executed as collateral security of the loan which was obtained. Civil suit was also filed by Shri Hira Singh. It was stayed owing to pendency of aforesaid application under Act No. 3 of 1977.

(3.) IT is contended that it was not a case of prohibited transaction of loan as defined in Section 2 (f) of Act No. 3 of 1977. Only those transactions which were entered between 1. 1. 71 to 31. 1. 77 were under the purview of the Act. Addl. Collector has not recorded the reasons for setting aside the finding of SDO. Petitioner was not lender of money as such Act No. 3 of 1977 was not attracted. Even otherwise order passed by Addl. Collector is bad in law.