SUKHNANDAN YADAV Vs. MAHILA KUMANIYA

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India the petitioner has challenged the order dated 3.6.85 passed by Collector, Tikamgarh as an appellate authority under the provisions of S.8 of M. P. Sanmaj Ke Kamjor Vargon Ke Krishi Bhumi Dharken Ke Udhar Dene Walon ke Bhumi Hadapane Sambandhi Kuchakron Se ParitranTatha Mukti Adhiniyam, 1976 (hereinafter called as the Act.)

(2.) THE respondent No. 1 had filed an application before the Minister that her land Survey No. 192 which was in possession of Sukhnandan Yadav (the present petitioner) he returned back to her. The said application was sent by the Minister concerned to the office of the Collector. The Collector by his letter dt., 17.6.81 referred the matter to the S. D. O. who after receiving the application registered the application and started proceedings under the provisions of the Act. After recording the evidence and hearing the parties learned S. D. O. found that the respondent No. 1 failed to prove that there was any transaction of loan between the parties and also held that true intention of the parties was to effect the sale. He also held that sum of Rs. 2000/ -was paid by the petitioner to the respondent which was a real price and a proper consideration for the said sale. Further holding that there was no agreement of re -sale or re conveyance the respondent No. 1 was not entitled to any relief. The respondent No. 1 feeling aggrieved by the said order took up the matter in appeal before the Collector who by his order dated 3.6.85 allowed the appeal, held that the transaction between the parties was of mortgage, was prohibited transaction of loan and as such respondent No. 1 was entitled to get back the possession.

(3.) ACCORDING to S. 4 of the Act all claims in relation to a prohibited transaction of loan subsisting on the appointed day or entered into there after but on or before the date of publication of this Act in the Gazette shall, no withstanding anything contained in the Code or any other enactment for the time being in force or any decree or order, if any, of any court or authority, shall be subject to protection and relief in accordance with the provisions of this Act.