MANNU Vs. COLLECTOR TIKAMGARH

JUDGEMENT

(1.) SHORT facts leading to the petition are that respondent No. 4 (Sattu) purchased an agricultural land comprised in Survey Nos. 309 and 309/2814 in area 3.47 acres situated at village Dhamna Tahsil Jatara, District Tikamgarh from respondent No. 3 vide registered sale deed dated 5.8.1968. Thereafter he sold the land to the present petitioners vide registered sale deed dated 20th of August, 1973 (Annexure P-1).

(2.) RESPONDENT No. 3 submitted an application under the provisions of the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi-Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (hereinafter referred to as "the Act of 1976") before the SDO Jatara stating therein that the said land was not infact sold to the respondent No. 4 but was mortgaged with him for a sum of Rs.1,326/- with a condition of redemption within a period of 3 years. An agreement for redemption was executed on 6.8.1968. The amount of Rs.1,326/- included interest to the tune of Rs.326/- and it was agreed that in case, if the respondent No. 3 repays the amount within a period of 3 years, the land in question would be redeemed in his favour. This being so, a prayer was made by the respondent No. 3 that the alleged registered sale deed dated 5.8.1968 may be declared prohibited transaction of loan and that the disputed land may be restored to the respondent No. 3.

(3.) AN enquiry was held by the Sub-Divisional Officer, Jatara who recorded the finding to the following effect in his order dated 20.6.1984 (Annexure P-2):