CHOTE LAL Vs. MULABAI

JUDGEMENT

(1.) ON 11-10-2004 the first respondent Smt. Mulabai widow of Karodilal filed an application before the second respondent under Section 5 of the Madhya pradesh Samaj Ke Kamjor Vargaon Ke Krishi Bhumi Dharakon Ka Udhar dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha mukti Adhiniyam, 1976 (for short 'the Act') alleging therein that on 4-5-1979 the petitioner had entered into a prohibited transaction of loan with her husband Karodilal by getting sale deed executed from her husband in his favour in respect of lands bearing Khasra Nos. 454/2, 455/2, 462/1 and 462/2 admeasuring three acres. She alleged that the said sale deed was executed by her husband in favour of the petitioner in consideration of the loan with an oral agreement to re-convey the land after the re-payment of the loan by her husband. In the circumstances, she prayed for protection and relief under the act.

(2.) THE petitioner submitted a preliminary objection before the second respondent stating therein that the application filed by the first respondent under Section 5 of the Act is not maintainable being barred by limitation and as such deserves to be dismissed.

(3.) THE second respondent Sub Divisional Officer, Khurai after hearing the parties on the preliminary objection about the maintainability of the application vide its order dated 12-1-2005 (Annexure P-8) held that even though the application filed by the first respondent may not be within limitation but to ascertain whether the transaction of loan is a prohibited transaction of loan, the suo motu powers vested under Section 6 of the Act, can be exercised at any time and for that no limitation is prescribed. Accordingly, he rejected the preliminary objection of the petitioner.