REWARAM Vs. ABDUL HAQ

JUDGEMENT

(1.) BY means of this petition, petitioner Rewaram has prayed for quashing the order dated 2.7.1997. Annexure -D to the petition, passed by the Collector Durg in Revenue Appeal No. 1 -B/121/86 -87.

(2.) THE matter relates to "M.P. Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapne Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (for brevity hereinafter referred as 'the Act'). Nohru alias Nohar Singh, the father of petitioner Rewaram moved the Sub -Divisional Officer, Durg under, section 5 of the Act setting up a case that he took from Abdul Haq a sum of Rs. 1,400/ - by way of loan and as a security of the loan, he executed a mortgage deed of his Bhumiswami land Khasra No. 33, area 0.85 acree which was registered in favour of Abdul Haq on 28.5.1971 but was registered as a sale deed. It was a condition that after payment of the loan amount the land shall be returned. Accordingly he prayed for the return of the land. During the pendency of the case, father of the non -applicant, viz. Nohar Singh died and in his place Rewaram, the present petitioner, was substituted. The SDO taking the Benama by way of security for loan and accordingly on 16.9.1986 annulled the same and directed for possession being delivered to the applicant. Against this order an appeal was preferred by Abdul Haq before the Collector. The appeal was registered as Revenue Appeal No. 1 -B/121/86 -87. The Collector considered the matter and allowed the appeal after setting aside the order of the SDO.

(3.) HEARD the learned counsel for the petitioner, Ku. Rama Gupta and the learned State counsel Shri Vivekanand Awasthy in the revised cause list. Learned counsel for the respondent No. 1 was not present, but on his behalf Shri K.P. Kushwaha appeared. He did not speak a word as it appears that he was not prepared at all with the case.